The police in NSW have the power to stop and search you under certain circ*mstances. However, their power to search you is not unlimited. In recent times, there has been controversy over the growing use of strip search powers by police, including in circ*mstances where the legality is unclear. A 2019 UNSW Law study found that the use of strip searches in NSW increased 20 fold between 2006-2018. The study points out that the legality of many police strip searches is often unclear.
It is important to be aware of the powers the police have and don’t have, and what to do if you feel you have been treated wrongly.
Search powers
In NSW, the police have the right to stop and search you, your car, boat, bike, bag or belongings without a warrant if they can honestly argue they believe that you:
have stolen goods on your person;
have hidden weapons upon your person for example guns or knives;
have illegal drugs;
are carrying anything they deem dangerous;
have something that you will use to commit a crime; or you
have consented to being searched
The police must tell you the name and place of duty of the police officer performing the search. They must also tell you the reason for the search.
Frisk search
In a frisk search, a police officer pats you down or runs a metal detector over the outside of your clothes to feel for guns, knives, drugs or other items. The police may also check your outer clothes (while you wear them or after they have asked you to take them off) and any pockets. If the officer thinks you are hiding something, they can ask you to open your mouth or shake your hair.
Strip search
Police can only carry out a strip search if they have reasonable grounds that it is necessary and the circ*mstances are serious and urgent. The police must provide you with as much privacy as possible. A police officer will ask you to remove all or some of your clothes, but a strip search does not involve a search of your body’s cavities or an examination of your body by touch. Strip searches can’t be done in front of other people who aren’t the same sex as you or aren’t involved in the search. If you are under 18 you’re allowed to have a parent or carer with you while it’s going on.
Refusing a strip search
If you do not comply with a police search despite the police following correct procedures, you may be committing an offence. Police can arrest you and use force to search you at the police station. You can also be fined or charged and ordered to appear in court if you refuse to be searched.
Complaints
If you feel you have grounds to complain about a police search, or police behaviour during a search, there are also a number of other organisations you can complain to directly, including:
The Law Enforcement Conduct Commission. The Law Enforcement Conduct Commission is an independent statutory body responsible for investigating complaints against the police. It has its own independent investigators for these cases. Some less serious complaints will be referred to the police for investigation but, these will be monitored by the Commission’s own staff. You can get details on how to make a complaint here.
The NSW Police Local Area Commander in the area where you saw the dogs. To complain about NSW police officers, you can contact the Police Customer Assistance Unit on 1800 622 571.
The Police Integrity Commission: The Police Integrity Commission was established in 1996 by the NSW Parliament on the recommendation of the Royal Commission into the NSW Police Service. It is separate from and completely independent of the NSW Police Force. Its principal functions are to detect, investigate and prevent police misconduct 9321 6700. Email: contactus@pic.nsw.gov.au
You can complain if the dog touches you or if the police are aggressive, rude or behave inappropriately.
For more information contact NSW Council of Civil Liberties on 8090 2952
For a complaint about a violation of your civil liberties: complaints@nswccl.org.au
For general questions or advice please contact: office@nswccl.org.au
