Police Powers

Question 1

Searching of Property

Answer 1

• Police GENERALLY don’t have the automatic right to enter someone’s home, occupier can refuse police entry
• If permission is refused, police must obtain a search warrant
  
  • Search warrants can be issued by:
  • A magistrate
  • Supreme Court Judge
    
    • PPRA (Police Protection Responsibilities Act)

Question 2

Situations where police are allowed in without consent:

Answer 2

• Domestic violence case
• Hand over a legal document
• Catch a fugitive
• Search for evidence if there is suspicion it might be destroyed
• To reach a crime scene

Question 3

Searching a Person

Answer 3

• Police have the power to search a person without a warrant if they reasonably suspect that the person has the following in their possession:
  
  • Some form of weapon
  • Unlawful, dangerous drugs
  • Stolen property
  • Some type of house breaking instrument
• Legislation sets out how police should conduct personal searches:
• Limiting embarrassment to the person being searched
• Searcher must be same sex to the person being searched
• If removal of clothing is required, a doctor must be present
• Reasonable privacy must be provided

Question 4

Searching Motor Vehicles

Answer 4

• A police officer may search a motor vehicle without a warrant provided they reasonable suspect:
  
  • A weapon
  • Illegal drugs
  • Stolen or unlawfully obtained property
    
    • Something to harm yourself or others

Question 5

Carrying out Forensic Procedures

Answer 5

• Forensic procedures must be carried out with consent
• If persons refuse consent, police can obtain a forensic procedure order from a magistrate
• Taking DNA samples
• Enables police to identify victims and explain when a crime was committed
• Police officers can be authorised by the commissioner of police to take DNA samples
• DNA samples can only be taken by way of mouth swap or the collection of hair

Question 6

Arresting and Detaining Persons
(When can police arrest with and without a warrant?)

Answer 6

• When a warrant is issued for someone’s arrest, it is lawful for police to act under the warrant and arrest the person
• Most common form of arrest is when the suspect fails to appear before court at the prescribed time which is in breach of bail conditions.
• Police can arrest a person without a warrant
• Section 365 of PPRA lists a range of reasons when a police officer can arrest someone without a warrant:
• To prevent a continuation of an offence
• To prevent harassment of, or interference with a person who may be required to give evidence relating to an offence.
• To prevent fabrication of evidence