A search warrant in Australia is an official document from a judge that gives the police permission to search the places listed on the warrant. Police can only search your home or car without a warrant if:
- You allow them to.
- They think a major crime is about to happen.
- They think a major crime has happened.
- They think drugs are on the property or in the car.
- If there is a fight going on.
- If an intervention order has been broken.
If you are being investigated and think that a search warrant has been issued or will be issued against you soon, do not wait to contact one of the experienced criminal lawyers at Josh Smith Legal to set up a free consultation. We can help you learn more about your rights and what to do next.
How Do Police Obtain A Search Warrant In Australia?
When someone applies for a search warrant, they must describe the crimes that the warrant is for and explain why they think they will find proof of those crimes on the property or in the car.
The police officer, who must be at least a Senior Sergeant, has to show a magistrate that they have good reason to think that there is (or will be within the next 72 hours) something in the building or vehicle that is related to an indictable crime that has been committed or could be committed in the next three days, or something that can be used as proof of any crime. For them to search anyone on the property or in the car, they need to get permission from the judges. Along with the conditions for bail, the judge may add to the warrant so that anyone arrested when the warrant is carried out can get bail.
How Long It Takes To Get A Search Warrant?
A search warrant can sometimes be approved in as little as 2 hours. Search warrants are only valid for seven days typically unless the judge decides to make it last longer.
Do Police Need A Search Warrant To Search Your Car?
In Victoria, there are times when police officers can search a car legally without first getting a warrant:
Authorisation From The Car's Owner Or Driver
If police want to search a car without a warrant, they will ask the owner or driver for permission. Don't feel like you must give them permission just because they ask. Police can't search a car just because the owner refused to give permission; refusal cannot be the sole cause of suspicion.
Thoughts Of Illegal Drugs
If a police officer thinks there might be illegal drugs in your car, they can search it. This idea could come from a mix of things, like the smell of drugs, information already known, the location and time of day, the people inside the cars, and what the police can see from the outside looking inside.
Weapons Or Explosives
The police can check the car without a warrant if they have good reason to believe that it contains guns, explosives, or anything else that could be used to hurt other people.
Evidence Linked To A Certain Crime
Officers can search your car if they think it has proof of a known crime. In this category are stolen goods, things used to commit crimes, and anything else that has to do with a crime.
A Roadside Drug Test
If you fail a breath or drug test at the side of the road and the police search your car for more drugs, they may have the right to do so.
Concerns About Safety
If the police officer has a good reason to think that someone inside the car might be in danger, they can search it to ensure everyone's safety.
It is very important to remember that even though these conditions allow police to search a car, they must have good reasons based on evidence or a reasonable suspicion. A criminal lawyer in Melbourne is someone you should talk to if you think the search was wrong or violated your rights. They can help you protect your rights and figure out what to do next.
Do Police Need A Search Warrant To Search Your Home?
Victoria police can get into your home without a warrant in some very important cases. In these situations, they might have to stop serious harm, deal with serious risks to life, or be on the hunt for a suspect they think has committed a serious crime.
- Permission from the occupant
- Locking up or arresting
- Stopping harm or domestic violence
- Catching a prisoner who has escaped or a person who is illegally on the loose
- Stopping people from throwing away evidence
- Drug-related crimes
- Doing a check on welfare
Conclusion
There are strict rules about how to get search warrants in Australia, especially in Victoria, and you need a good reason. Law enforcement needs these warrants to examine crime scenes and gather evidence. But there are times when police can search a premises or vehicle without warrants. To protect your rights, it's important to know these rules and get legal help if you need it.
