What Happens If Police Raid Your House and Find Nothing? (Australia)

The police appearing at your doorstep can be very frightening and daunting. If the police have a valid warrant, they can search your home. However, if they find nothing, that can be a good thing for your case or any potential charges.

Police can only obtain a warrant from a judge if they have “probable cause,” which means they believe that some evidence is in your home. Probable cause does not mean they have to be right all the time. The information they have might be incorrect, or they may have the wrong address or person entirely.

If the police damage anything or take property they have no right to take, you may have a claim against the police for that damage. A criminal defence lawyer may be able to help you address any charges and assert legal action for compensation. Even if they found nothing in a raid, talking to a lawyer after the raid is often a good idea.

Your Rights When Police Are at Your Home

If the police show up with a search warrant, they can enter your premises to search for whatever they are trying to find. Below are some best practices if police appear at your home with a search warrant:

1. Stay Calm: Confrontation with police can make matters worse. Although a raid is frightening, try to stay calm, cool, and collected.
2. Review the Warrant Carefully: Ensure the warrant states the correct address and other accurate information.
3. Understand What They Are Looking For: You do not have to help the police find whatever they are attempting to locate. If the warrant lists specific items, the police are only allowed to take those specific items and nothing else. The police should provide you with a receipt for whatever they take, and if they determine later that it is not evidence, those items should be returned to you. If the police are looking for a person and not objects, they cannot seize property unless having that property in your possession is illegal.
4. Stay Close to the Search Party: Keeping an eye on the police as they search your home can be a good idea. Watch what they take to ensure there is a record of it. Be sure to ask for a list of items if one is not provided to you.
5. Avoid Speaking to or Around the Police: Anything you say during a raid can be used against you later. It is a good idea to avoid talking to the police at all. You should also avoid saying anything within earshot. Even items overheard in speaking with others can be used later.
6. Call a Lawyer Right Away: It is a good idea to call a lawyer as soon as possible if your home is raided. This is crucial because, in some cases, the police can charge you without interviewing you, especially if they believe they have enough evidence from other sources.

The police might start or continue surveillance even if they found nothing after a raid. If they think they have missed something or receive a tip later, they might continue watching you or your home for suspicious activity.

Warrants Are Required for Most Raidsarrest

While there are situations where police might not need a warrant to search a home, a warrant is required in most cases. Police can only get a warrant by requesting it from a judge. They must show the judge that they have “probable cause” to conduct the search. Probable cause means they think a crime has been committed, and there is evidence of that crime in your home.

Police can also conduct a search without a warrant in any of the following circumstances:

• You Give Them Permission: Police can search your home if you provide consent. Police may ask for your permission to search your home, but you do not have to consent to a search. You have the right to decline the request.
• A Serious Offence Was or Has Been Committed: In certain situations that involve a threat to safety, police can enter a home to detain a suspect or search for evidence of a serious offence. They must have “reasonable” grounds.
• They Have an Arrest Warrant: If police have an arrest warrant but not a search warrant, they can enter a home or other property to arrest that person. They cannot search, but they can occasionally seize illegal items that are in plain sight as part of the arrest process.
• They Believe There Are Illegal Drugs: Police often do not need a search warrant if they have reason to believe that illegal drugs are located in the home.

It is unusual for a raid to be conducted without a warrant. If that occurs, you may be able to suppress any evidence obtained or found in the raid.

Conclusion

If the police raid your house and find nothing, that can be a good thing. They may have misinformation. If they damage your property or take something they should not take, you may have a claim for compensation. Talk to a criminal defence lawyer to learn more about your rights in this situation.

Resources and Further Reading

1.     http://classic.austlii.edu.au/au/legis/vic/consol_act/mca1989214/s64.html
2.     https://www.legalaid.vic.gov.au/sites/default/files/2022-04/vla-resource-police-powers.docx

Author: June Duncan

June has been writing about legal matters for law firms for over a decade. She is a licensed lawyer and currently practices law full-time. She writes in her spare time because she enjoys helping others decode the complexities of legal jargon so they can understand and assert their legal rights.