Strips Searches in NSW
Police drug operations are common not only at music festivals, but also at licensed venues such as pubs and nightclubs across NSW. In recent years, strip searches at festivals, pubs and clubs have attracted significant legal scrutiny, court challenges and class actions.
A common question we are asked at Criminal Lawyers Group is:
If police find drugs during a strip search, does that automatically make the search lawful?
The short answer is no.
Even if drugs are found, the search itself may still have been unlawful.
What Is a Strip Search?
A strip search is very different from a general search (such as a pat-down or bag inspection).
Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA), a strip search generally involves:
- Removal of some or all clothing
- A visual inspection of the body
- No physical contact during the inspection
Strip searches are considered highly invasive and are strictly regulated under Part 4 Division 4 of LEPRA.
Can Police Strip-Search You at a Pub, Club or Festival?
Police cannot strip-search you simply because you are:
- Attending a music festival
- Entering or inside a pub
- At a nightclub or licensed venue
Under section 31 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), police must have:
- A reasonable suspicion that you are carrying drugs or another prohibited item;
- A reasonable belief that a strip search is necessary; and
- That the seriousness and urgency of the circumstances justify such an invasive search.
Section 31(b) requires police to reasonably suspect that the strip search is necessary for the purposes of the search and that the seriousness and urgency make it appropriate.
Strip searches must be a last resort, not a routine policing tool.
Courts have repeatedly criticised the overuse of strip searches in public venues and festival settings.
What If No Drugs Are Found?
A significant number of strip searches in NSW result in no drugs being located.
If nothing is found, you will be released. However, individuals frequently report:
- Humiliation
- Emotional distress
- Psychological trauma
- Invasion of privacy
Where a strip search was conducted unlawfully or without proper grounds, individuals may:
- Seek to have the search declared unlawful;
- Pursue civil action for damages;
- Make complaints against NSW Police.
Recent media coverage has highlighted legal action concerning unlawful strip searches in NSW.
If Drugs Are Found — Does That Make the Search Lawful?
No.
Finding drugs does not retrospectively justify an unlawful strip search.
If police failed to comply with LEPRA requirements, your lawyer may seek to exclude the evidence under section 138 of the Evidence Act 1995 (NSW), which allows courts to exclude improperly or illegally obtained evidence.
The court will examine:
- Whether police had reasonable suspicion;
- Whether a less invasive search would have sufficed;
- Whether proper strip search procedures were followed;
- The seriousness of the breach.
If evidence is excluded, the charge may be dismissed.
The legality of the search is assessed at the time it occurred — not based on what was ultimately found.
What If Drugs Are Found After a Lawful Search?
If police lawfully conduct a strip search and locate drugs, you may be charged under section 10 of the Drug Misuse and Trafficking Act 1985 (NSW) for possession.
Police may issue:
- A Court Attendance Notice;
- A Criminal Infringement Notice (on-the-spot fine).
Even where drugs are found, experienced criminal defence lawyers can:
- Challenge the lawfulness of the search;
- Negotiate with police;
- Seek a non-conviction outcome;
- Obtain a section 10 dismissal (no criminal record).
Should You Contest an Infringement Notice?
Some people choose to pay an infringement notice, even if they believe the search was unlawful.
Reasons include:
- Avoiding the risk of a conviction;
- Time and stress of court;
- Wanting the matter finalised quickly.
However, paying the fine may mean you lose the opportunity to challenge police conduct.
Obtaining legal advice before deciding is essential.
Recent Legal Developments in NSW
In 2025, a major NSW drug summit report recommended abolishing strip searches at music festivals following widespread criticism of police practices.
This followed significant legal challenges and public debate regarding the misuse of strip search powers at festivals and licensed venues.
These developments reinforce a key legal principle:
Police powers are limited and must be exercised strictly in accordance with the law.
Contact Criminal Lawyers Group
If you believe you were unlawfully strip-searched at a pub, club or music festival, or you have been charged with a drug offence following a search, contact Criminal Lawyers Group immediately.
We offer a free first consultation, confidential and obligation-free.
For expert legal advice, contact:
Steven Mercael
Criminal Lawyers Group
🌐 www.criminallawyersgroup.com.au
📞 (02) 8815 8177
📧 info@criminallawyersgroup.com.au