Generally, police in Queensland (QPS) do not have the right to search property without an warrant. However, there are some exceptions to this rule.
In Queensland, police are provided with a range of law enforcement powers and rules, as outlined in the Police Powers and Responsibilities Act 2000 (QLD):
Imminent Threat To Life Or Safety
If you live in Queensland and the police find reason to believe that someone or something on your property is causing an imminent threat to life or safety, they can legally enter your premises without needing a warrant. This law exists to ensure authorities can respond immediately to potential hazards or dangers. In such cases, the police have a lawful responsibility to act quickly and decisively first and foremost for public safety, though all actions should still be made in accordance with local regulations
Investigation / Suspicion
In certain circumstances, police can enter premises without a warrant if they are investigating a crime, however do need a “reasonable suspicion” / "reasonable grounds" in order to do so.
If you feel as though your rights are being breached then seek legal advice from one of our specialist lawyers immediately.
A Warrant Must Be Obtained
More often than not police will have a warrant before entering a property. The warrant must contain detailed information regarding the specifics of the search. If you are ever asked for access to your property without a warrant by a police officer, you have the right to decline. If the officer does not then hold the requisite level of suspicion they should not enter the property.
Always Ask To See The Warrant
Anyone in Queensland who finds themselves in a situation where the police request access to search their property has the right to ask for their warrant.
It is important to understand why the police are on your premises and what they believe that you may be involved in and having this evidence from the police of their legal authority will help put any doubts at ease.
It also ensures that any warrants issued are valid and that your rights as an individual are being respected and followed. Asking for a warrant ensures any search or seizure of property is done legally and correctly, so don't hesitate to ask – it's your right!
Answering Police Questions During A Search
If the police conduct a search of your property with or without a warrant call one of our experienced officers immediately, especially before you answer any questions as you have a right to silence which should be exercised.
Speak To A Lawyer
If you have any questions about whether the police can search your property or person without a warrant, it is best to speak with one of our experienced lawyers who can assess your individual situation.
At Mansia Bovey & Company Lawyers, we provide comprehensive legal advice and representation in a wide range of criminal law matters. Get in touch via our contact form or call us today on (07) 4035 8300 to arrange a consultation with one of our experienced solicitors.