Civil Law Factsheets
Stip Searches | Factsheet
Strip Searches | Factsheet
STRIP SEARCHES SUMMARY
WHAT
WHEN
HOW
WHAT
A strip 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
Under section 31 of LEPRA, 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.
An indication from a sniffer dog is not sufficient, by itself, to constitute “reasonable grounds”.
HOW
The strip search must be conducted by a police officer of the same sex as the person searched. It must not take place in the presence or view of a person who is of the opposite sex. It must not take place in front of unnecessary people and must not search the genital area.
What would you tell a child to do if they were about to be strip-searched?
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.
Recent Case Studies Involving Strip-Searches
Illegal Strip Searches take place at all-ages music festival. An erroneous drug dog indication means that a youth had to strip naked in front of police.
Liam walked through a train station. Police with a drug detection dog stopped him and said they’d strip-search him, as the drug dog indicated he may have drugs.
