CAN POLICE ENTER OR SEARCH MY HOME WITHOUT A WARRANT?

It is a common misconception that Police require a warrant to enter or search a home. Whilst a warrant is required in many situations, in certain circumstances Police are authorised to enter or search a home without a warrant.

Charges may often follow a Police search of a home. Understanding when Police can search your home is therefore important. Resisting or hindering Police from conducting a lawful search of a home is a criminal offence.

Criminal Lawyers Group have been nationally recognised as the expert criminal lawyers in NSW for handling matters that involved a Police search.

If you or anyone you know have had your home searched by Police, contact our award-winning team of specialised criminal lawyers immediately for a free consultation.

WHEN CAN POLICE ENTER AND SEARCH A PROPERTY WITHOUT A WARRANT?

Power to enter in Emergencies

Section 9 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), provides police the power to enter a property without a warrant in emergencies. A police officer may enter premises if the police officer believes on reasonable grounds that:

A breach of the peace is being or is likely to be committed and it is necessary to enter the premises immediately to end or prevent the breach of peace, or
A person has suffered significant physical injury or there is imminent danger of significant physical injury to a person and it is necessary to enter the premises immediately to prevent further significant physical injury or significant physical injury to a person, or
The body of a person who has died, otherwise than as a result of an offence, is on the premises and there is no occupier on the premises to consent to the entry.

The authority to enter does not grant the Police broad powers to search the property, but rather their search is restricted to locate the specific injured, endangered, deceased, or offending person.

Power to enter to arrest or detain someone or execute a warrant

Section 10 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) authorises Police to enter and stay for a reasonable time on premises to arrest a person, or detain a person, or arrest a person named in a warrant. A police officer who enters premises under this section may search the premises for the person.

However, the police officer may enter a dwelling to arrest or detain a person only if the police officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling. The police officer must also comply with any requirements imposed on them by the Act relied upon for entry for the purposes of detaining a person.

Weapons Search

Under Section 85 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), a police officer who enters a dwelling pursuant to a domestic violence entry, must inquire as to the presence of any firearms in the dwelling and, if informed that there is or are a firearm or firearms, must take all such action as is reasonably practicable to search for and to seize and detain the firearm or firearms.

Consent

Police may also enter and search a home if the occupier gives consent.

WHAT HAPPENS IF I HINDER OR RESIST A LAWFUL ENTRY OR SEARCH?

It is a criminal offence to hinder or resist a lawful entry or search. Section 60(1AA) of the Crimes Act 1900 (NSW) constitutes it a criminal offence to hinder or resist, or incite another person to hinder or resist, a police officer in the execution of the officer’s duty, with a maximum penalty of 12 months imprisonment and/or $2,200 fine.

WHAT IF POLICE CONDUCT AN UNLAWFUL ENTRY AND SEARCH?

Section 138 of the Evidence Act 1995 (NSW) prescribes that evidence which was obtained improperly or in contravention of the law is not to be admitted unless the desirability of admitting the evidence outweighs the undesirability of admitting evidence that has been obtained in the way in which the evidence was obtained.

CONTACT CRIMINAL LAWYERS GROUP NOW

If you or anyone you know have had their home searched by Police, contact our specialised team of criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

Our award-winning criminal law specialists are nationally recognised for securing successful outcomes for our clients across NSW who have had their homes searched by Police.