Stop and Search

Police are able to stop and search a person without a warrant, but there are certain limitations.

Police are able to stop and detain, conduct a frisk search and seize an object if they suspect on reasonable grounds that:


 * the person is carrying a thing that is stolen/otherwise unlawfully obtained or relevant to a serious offence (evidential material) AND


 * the ‘stop and search’ power is necessary to prevent the thing from being concealed, lost or destroyed AND


 * it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.

Crimes Act 1900 (ACT) s 207

What can they search?
A person, or clothing that is being worn by a person, or property in the immediate control of a person.

What can they seize?
Police may seize any thing s/he suspects on reasonable grounds to be connected with an offence that is found in the course of the search.

This can only be done if the search was


 * performed by a police officer after obtaining the person’s Consent to the search 
 * taking the person into lawful custody in relation to an offence OR


 * under a warrant issue OR


 * in circumstances of seriousness and urgency OR


 * under a court order, or otherwise under a provision of an ACT law.

Drugs and Dependence Act 1989 (ACT) s 184

Consent to the search


Before obtaining the consent of a person to seize their property, the police officer must inform the person that s/he may refuse to give his/ her consent.

A police officer who obtains the consent of a person for s 184 shall ask the person to sign an acknowledgment

(a) that the person has been informed that s/he may refuse to give consent; and

(b) that the person has given his/her consent; and

(c) of the date and time when the person gave his/her consent.

There is a presumption that person did not give consent, unless acknowledgment produced in evidence (but this presumption is rebuttable)