Home > Legal information > Crime > Dealing with the police > Getting searched

Getting searched

The police can only search you or your property in some situations. The police can search you if:

  • you agree
  • they have a warrant (a court order that says what the police can do)
  • you are in a public space that has been declared a 'designated area'
  • they are allowed to by law.

If the police do not have the legal right to search you, they cannot force you to have a search.

Searches are often very fast and confusing. Stay calm. Ask the police why they want to search you before you agree to it. The police must tell you why they want to search. Talk to a lawyer as soon as possible.

Refusing a search

If the police are allowed to search you and you try to stop it happening, you can be charged with ‘hindering’ police. Hindering police means trying to stop the police when they are doing their duty.

In all cases, you must be searched by a police officer of the same sex as you. If you are not happy with the search talk to a lawyer as soon as possible.

Searches under terrorism laws

Terrorism laws allow police to search without reason if you are in an area that a court has said is a ‘target area’. For instance, the court may say that a certain house is a target area. If you are in that house the police can search you without any reason. Areas can remain target areas for up to 14 days. See ‘Terrorism laws’ (link below).

Searches in public

The police can search you in any public place, including in a shop, at the train station, on public transport (buses, trams or trains) or in a hospital or welfare centre (for example, the Salvation Army).

The police can search you in a public place without a warrant if they believe on reasonable grounds that you are:

  • in a place that is a target area under the terrorism laws
  • carrying:
    • illegal drugs
    • things that can explode or ignite
    • something that could be used to make graffiti – for example, spray paint, a gouging tool or even a texta, see 'Young people & the police' (link below)
    • guns or offensive weapons like knives, imitation guns and martial arts weapons like knuckle-dusters and nunchakus.

If you are in an area with a lot of violent crime, police can use this fact to work out whether they have reasonable grounds to search you. For example, they may be more likely to suspect you of carrying an illegal weapon.

If the police search you they can also search anything you are carrying and the car you are travelling in.

Searches in 'designated areas' for weapons

Police can body search any person in a ‘designated area’ to see if they are carrying weapons. They do not need to suspect that you have a weapon.

Police can declare any public space to be a designated area for up to 12 hours if they believe there may be violence involving weapons. 

Police may take anything they believe is a weapon. See 'Weapons' (link below).

Searching the person

There are three types of personal (body) searches.

Pat-down search

A pat-down search is when police use their hands to feel over the outside of your clothes. The police can also:

  • use a metal detector to look for something they ‘reasonably suspect’ is a weapon
  • ask you to empty your pockets or remove your outer clothing, for example, your jacket or hat
  • ask you to show them something they believe is a weapon.

You could be charged and fined if you refuse to do this.

Pat-down searches can be done anywhere. The police must make a written record of the search. The police must give you a receipt when they take anything away from you.

Strip search

A strip search is the removal and search of all your clothing. These searches must be done in a private place, usually at a police station. If you are under 18 a parent, guardian or independent person can usually be with you during the search.

A strip search usually happens when the police are looking for something they could not find in a pat-down search.

Under terrorism laws, strip searches can only be carried out on people who are named in a court order.

Internal body search

Only doctors can do internal body searches. The doctor must be the same sex as you.

The police can ask for an internal body search. You have the right to refuse. If you refuse, the police must get permission from a court to do the search.

See also ‘Fingerprints and body samples’ (link below).

Searches in custody or under arrest

The police can search you if you are in custody or under arrest to take things from you that could be used as evidence in court.

Car searches

The police can search your car, even if you are not in it, if they believe you are carrying:

  • illegal drugs
  • something used to mark graffiti, such as spray paint
  • firearms and offensive weapons like knives, imitation guns and martial arts weapons – for example, knuckle-dusters and nunchakus.

The police can also search your car if you are in a target area under terrorism laws. See ‘Terrorism laws’ (link below).

Searches of private property

The police usually need a search warrant to enter and search private property – for example, your home. However, the police may go into private property without a search warrant when:

  • you let them in
  • they have a reasonable belief that a serious offence will be or has been committed and they need to go into the house to arrest someone
  • they need to stop a ‘breach of the peace’ – for example, a fight
  • there has been a breach of an intervention order (see ‘Intervention orders’, link below)
  • they are chasing someone who has escaped from prison or police custody
  • they have a warrant to arrest someone
  • they have a reasonable belief that illegal drugs are on the property.

The police can also search your home without your knowledge if they reasonably suspect that a terrorist act will be or has been committed. See ‘Terrorism laws’ (link below).

More information

Intervention orders

Fingerprints and body samples

Terrorism laws

Weapons

Youth issues – Young people and the police

Related publications

Am I old enough?

Your rights: police powers in Victoria

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • advice at many correctional facilities, remand and detention centres
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some criminal law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.