Powers to search and examine persons

Police powers to search, physically examine and take samples from people are mainly contained within the Summary Offences Act 1953 (SA) and the Criminal Law (Forensic Procedures) Act 2007 (SA).

There is some overlap but generally procedures that are routinely used to identify a suspect, such as fingerprinting and photographing, are governed by the Summary Offences Act 1953 (SA). Less common procedures, such as the taking of DNA samples, are governed by the Criminal Law (Forensic Procedures) Act 2007 (SA).

Searches and physical examinations

When a person is taken into police custody, the police may search them and take anything they find [Summary Offences Act 1953 (SA) s 81]. Force may be used to carry out the search [s 81(2)(b)] but it must be carried out as humanely and respectfully as possible [s 81(4g)].

General searches may be carried out by a police officer, a medical practitioner or a registered nurse [s 81(2)(a)]. Intrusive searches may only be carried out by a medical practitioner or a registered nurse, and the person in custody may arrange for their choice of medical practitioner or nurse to witness the search (at their own expense) [s 81(2)(c)]. An intrusive search is an internal search involving the introduction of anything into a bodily orifice [s 81(6)].

Special rules also apply to intimate searches, which are searches that involve exposure of or contact with the skin of the genital or anal area, the buttocks, or female breasts [s 81(3), (6)].

Fingerprints, DNA, voice recordings and handwriting samples

When a person is suspected of a serious offence (any offence punishable by imprisonment), police may take prints of their hands or fingers, and take samples (cheek swab or finger prick) to obtain a DNA profile [Criminal Law (Forensic Procedures) Act 2007 (SA) ss 3, 14]. Police may use reasonable force to collect these samples [s 31]. It is an offence to refuse to allow police to take such samples [s 32].

Different procedures apply when DNA samples are taken from offenders and volunteers and victims.

Police may also record a charged suspect's voice, request a sample of their handwriting and take photographs of their hands and feet for identification purposes [Summary Offences Act 1953 (SA) s 81(4)]. Non-compliance is an offence [s 81(4e)].

Further information about these procedures is available in the Duty Solicitor Handbook.