Police Home Visits & Property Searches
What should I do if police come onto my property?
ASK why they are there and what they want.
- If they want to speak to someone who no longer lives there, you do not need to give them any info about that person.
- You are only required to provide your name and address if you are under arrest, or if police believe you have information that can help them investigate an indictable offence – police must advise you what offence they think you can assist them with.
ASK for their name, badge number, and station and note these down.
REMEMBER: you do not have to let police in unless they have a warrant (or other power to enter).
When can police enter and search my property?
- If they have a search warrant or an arrest warrant
- If you let them
- If they reasonably believe someone on the property has or will commit a serious offence
- To stop a breach of the peace
- Someone on the property has breached an intervention order or family violence safety notice
- They reasonably believe someone on the property has, or has threatened to, assault a family member
- They are chasing someone who has escaped from prison or custody.
What should I do if police have a search warrant?
ASK if they have a search warrant.
- If they do not have a warrant (or other power to enter your property), you can tell them to leave.
- If they do, they must give you a copy. Check that the details are correct (time and date, names listed, address) and that it Is signed. Ask the police to read out the warrant outside the door.
READ any warrant carefully – the conditions of the warrant determine what police are allowed to do.
ASK if they are recording. Record the interaction yourself or write down what happened afterwards.
CONTACT a lawyer or legal support as soon as possible – see last slide for details.
What can police do if they have a warrant?
A warrant will list what the police are allowed to do and when they are allowed to do it.
A warrant can allow police to
- enter your property and:
- search for and arrest a person named or described in the warrant
- search for and seize items named in the warrant
- arrest anyone in possession of an item named in the warrant
- or search any vehicle named in the warrant.
If police have a valid warrant (or other power to enter and search) and you refuse to let them in, they can use reasonable force to enter your property.
Can police search my phone?
Police cannot require you to provide a passcode, Face ID, or PIN for your phone unless it is listed in the warrant.
If the warrant says police can access material stored on electronic devices, it is an offence not to cooperate.
If police ask to search your phone and it is NOT listed in the warrant, you can say “NO”.
Remember
You do not have to answer questions or ‘have a chat’ about past or future protests.
It is an offence to hinder or obstruct police acting lawfully.
Unless you are arrested, you do not have to go anywhere with the police.
Unless police have a warrant (or other power to enter your property), you can tell them to leave at any time, including if you have already let them inside.
Lying or giving false information may be used as evidence against you and could be an offence.
More Information
Information about when police can enter your property without a warrant: www.legalaid.vic.gov.au/getting-searched
Legal advice and support: www.mals.au/contact/legal
MALS is concerned about police operations that use legal processes to target, intimidate and harass activists. Please report incidents to: [email protected]
Legal information only. This is not legal advice. Valid for Victoria, Australia. Up to date as at September 2024.