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Power of Police to Search
Searching powers of police on Person, Premise or Motor Vehicle.

There are various powers by which the police are entitled to search a person or premises including a motor vehicle. These all relate to having a reasonable cause to suspect the commission of an offence such as ‘possession of drugs’. That does not mean that just because a person has been in trouble previously, that the police have a right to search each and every time they see the person.

There cannot be an indiscriminate searching of persons or premises. The Law does provide a power to police to stop search and detain persons, vehicles and vessels if they have reasonable cause to suspect on reasonable grounds the commission of a criminal offence. If the police wish to search first ask them for a warrant and what they say is there reason for performing the search. Make certain there is a warrant if it is your home and get a copy of the warrant from the police. Read the warrant and see what is said. Make sure the information is accurate and the date of the warrant is correct. If the police remove anything, even illegal property from the premises they must provide the person apparently in charge of the premises with a receipt.

At no time do you have to consent to an unlawful search. A lawful search must be based on reasonable grounds. You should ask what the grounds are when you are searched. If you don’t believe the police have a right then say so but do not fight with the police or try to use force against them. You must pursue legal options.