In Queensland, the Police have the power to search your house both with and without a warrant in varying situations. That said, there are specific procedures that the Police must follow when executing a search warrant and you as the occupier have rights prescribed by law. The Police may be issued with a search warrant if there are reasonable grounds to suspect:-
- The commission of an offence at the property; or
- The presence of evidence related to the commission of an offence at the property.
Police are able to search a property without a search warrant if they reasonably suspect:-
- a thing at the property or in the possession of a person who is at the property, which is evidence in relation to the commission of a particular offence; and
- The evidence may be concealed and/or destroyed unless the place is immediately entered or searched.
We recommend that you seek legal advice as soon as possible after you have been provided with a copy of a search warrant. Contacting your solicitor will be vital in informing you of your rights in relation to the conduct of the search of your premises, including providing you with answers to common questions, such as, if you have to hand over combinations to safes located at the property, or passwords for electronic devises.