Strip Search – Fact Sheet & FAQ’s

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Strip Searches

Civil Law Factsheets

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PERSONAL SEARCHES

Police have the power to search you and seize items without a warrant, under Part 4 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (‘LEPRA’).

This fact sheet will help you understand these powers, including the topic of strip searches. These have affected young people disproportionately lately, especially at music festivals and other activities that attract young men and women.

O’Brien Criminal & Civil Solicitors specialise in strip-searching actions against the police. Our firm has a very strong record of success for our clients in this area. We provide a personalised, direct legal service at no charge to the client. Our firm believes this to be the best approach for victims of abuse by police, in regard to assault, battery and strip-searching. If you have been subjected to police abuse, contact us now on (02) 9261 4281 for an assessment of your case.

POWER TO SEARCH PERSONS (GENERAL)

Pursuant to section 21 of the act, the police can carry out searches of persons without a warrant if the police officer suspects on reasonable grounds that the person has in their possession or under their control:

  • Anything stolen or unlawfully obtained.
  • Anything used or intended to be used in connection with a serious offence,
  • A dangerous article that is being or was used in or in connection with the commission of a relevant offence,
  • A prohibited plant or a prohibited drug.

To conduct the search, and under section 32, a police officer may:

  • Run his/her hands over the person’s clothing
  • Require the person to remove some of his/her clothing (coat, jacket or similar, gloves, shoes, socks and hat).
  • Examine anything in the possession of the person
  • Pass an electronic metal detection device over or in close proximity to the person’s outer clothing
  • Carry out other actions as authorised by the act.

 

FIELD STRIP SEARCHES Frequently Asked Questions

What is a strip search?

A strip search means the search of a person or of articles in the possession of a person that may include:

(a) requiring the person to remove all of his or her clothes, and
(b) an examination of the person’s body (but not of the person’s body cavities) and of those clothes.

When can police carry out a strip search?

Under section 31, a police officer may carry out the strip search if there is a suspicion, on reasonable grounds, that the search is necessary, and that the situation is serious and urgent enough for the strip search to take place.

How is a strip search conducted?

The strip search must be conducted by a police officer of the same sex as the person searched, must not be conducted in the presence or view of a person who is of the opposite sex, must not be conducted in front of unnecessary people and must not search the genital area.

What happens before the strip search?

The police officer must provide the person with evidence that they are a police officer, unless in uniform. They must also provide their name and place of duty.

If a sniffer dog sits next to me – does that give the police reasonable suspicion?

An indication by a dog however demonstrated (sitting or otherwise) is insufficient, of itself, to ground a reasonable suspicion to conduct a search. 

Can police strip search a child?

A strip search cannot be conducted on a person who is under 10 years of age. However, if the child is over 10 years of age but under 18 years of age, the search can be conducted if the parent, guardian or representative is present.

What about your privacy and dignity?

In addition, section 32 of the act provides for the preservation of privacy and dignity during the search. This includes:

  • Informing the person about the search,
  • Ask for the person’s co-operation,
  • Conduct the search in a quick manner whilst providing reasonable privacy,
  • It cannot be carried out while the person is being questioned,
  • The person must be allowed to dress as soon as the search has finished,
  • If any items of clothes are seized the person must be left with or given reasonably appropriate clothing.

What would you tell a child to do if they were about to be strip-searched?

See our recent blog article from a question about strip search of a child from a member of the public.

Contact us immediately if you are in danger of being strip-searched:

(02) 9261 4281 or by email at or contact form at the bottom of the page.

 

SEARCHES WHILE IN CUSTODY (S.27 and S.28)

After an arrest for an offence or warrant, a police officer may search the person at or after the time of arrest, if suspected on reasonable grounds that it is prudent to do so to ascertain if they are carrying anything:

  • that would present a danger to a person;
  • that could be used to assist a person to escape from lawful custody;
  • that is a thing with respect to which an offence has been committed;
  • that will provide evidence of the commission of an offence; or
  • that was used or is intended to be used, in or in connection with the commission of an offence.

In addition, a police officer may search a person that has been arrested for the purpose of being taken to lawful custody, if suspected on reasonable grounds that it is prudent to do so to ascertain if they are carrying anything:

  • That would present a danger to a person
  • That could be used to assist a person to escape from lawful custody

If any of the above items are found, they can be seized and detained.

A person can be required to open his or her mouth, or to shake/move their hair if the police officer suspects on reasonable grounds that a thing of a kind referred above is concealed in a person’s mouth or hair.

If you believe that you may have been illegally searched, O’Brien Criminal and Civil Solicitors are able to pursue your possible claim anywhere in Australia. Please don’t hesitate to get in touch with us today on (02) 9261 4281 or by email at or via our contact form.

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