When can police search?

The police can search premises, vehicles and vessels, and seize property:

Some police carry general search warrants issued for 6 months at a time [Summary Offences Act 1953 (SA) s 67].

Use of reasonable force

If it is a lawful search and seizure, the police may use reasonable force and it is an offence to hinder them.

The police may also search a person who is under arrest and seize any item reasonably suspected of being unlawfully obtained or any item relating to a crime. Reasonable force may be used by the police to effect a lawful search [Summary Offences Act 1953 (SA) s 81(1), (2)].

Power to enter premises

If a person is released on bail subject to a condition that they must live at a certain address, the police (or an authorised person) can enter that address to check if the person is complying with the bail condition [Bail Act 1985 (SA) s 11(7a)].

Powers of customs officers

Customs officers have extensive powers to search any ship, boat or aircraft in any port or airport. With a warrant they may search any premises or any container and seize any goods they reasonably believe are forfeitable goods.

Property seized during a search

Ordinarily, the police cannot keep property without an owner's consent, unless obtained as a result of an arrest, under a warrant, or if the property is material evidence needed to prove a crime. If property is seized and the person is later found not guilty, at the end of any applicable appeal period the person should write to the police to request return of the seized property. If, however, the person is found guilty, the property is either forfeited to the Crown (for example, a knife used to stab somebody) or, if it was stolen from another person, it is returned to its rightful owner.

Unlawful exercise of police powers

Where the police enter premises or seize goods unlawfully, it is a civil wrong. A court order can be sought for the return of property and/or the payment of compensation. A court will consider whether property was seized lawfully when deciding whether or not to admit it to prove an alleged offence. The court will consider whether, in the circumstances, it is fair to the accused person or whether for public policy reasons the evidence should be admitted or excluded.

Complaints about police behaviour may be made directly to the police or to the Office for Public Integrity. See The Police and You factsheet for more information.