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Search Warrants

General Search Warrants

Some police officers carry, or have access to, general search warrants issued by the Commissioner of Police which remain in force up to six months from the date of the warrant [see Summary Offences Act 1953 ss 67(1), 67(2), 67(3), and the Schedule for a copy of a general search warrant]. The police officer named in the warrant (along with his or her assistants) has the power to enter and search any premises where there is reasonable cause to suspect an offence has been or is about to be committed, the presence of stolen goods, evidence of an offence, or items intended to be used in an offence [see Summary Offences Act 1953 ss 67(4)(a)(i), 67(4)(a)(ii), 67(4)(a)(iii), 67(4)(a)(iv); and Reasonable Cause to Suspect (above)]. Whilst searching the premises, the police officer may break open and search cupboards, drawers, chests, trunks, boxes (and so forth) where there is reasonable cause to suspect the presence of stolen goods, evidence of an offence, or items intended to be used in an offence [see Summary Offences Act 1953 ss 67(4)(b)(i), 67(4)(b)(ii), 67(4)(b)(iii), 67(4)(b)(iv) and Reasonable Cause to Suspect (above)]. The police officer may seize items found as a result of the search [see Summary Offences Act 1953 s 67(4)(c)].

Other search warrants and police powers

For completeness, the following provides reference to other legislative sources of police search and other powers:

Controlled Substances Act 1984 (SA)

See s 52 for power to search and seize; s 52(11) for the use of drug detection dogs or electronic drug detection systems; s 52A for general drug detection powers which includes the use of drug detection dogs; s 52B(5)(b) for general drug detection searches in vehicles; s 52B(5)(c) for the use of drug detection dogs to search vehicles; s 52D(5) for the detection of a controlled drug, controlled precursor, or controlled plant by a drug detection dog constitutes reasonable grounds to suspect the presence of that item; s 4 for definition of drug detection dog, electronic drug detection system and general drug detection.

Crimes Act 1914 (Cth)

See s 3E for issue of search warrants; s 3F for powers authorised under search warrant; s 3G for use of assistants and use of force; s 3LA for assisting access to a computer or computer system by person with knowledge; s 3S for restrictions on personal searches; s 3T for searches without a warrant; s 3V for requirement to provide personal details; s 3W for power of arrest without a warrant; and Division 4 for arrest and related matters.

Criminal Assets Confiscation Act 2005 (SA)

See s 172 for seizure of property; s 173 for application for warrant; s 174 for powers conferred by warrant; s 175 for hindering execution of warrant; s 176 for access to computer systems; s 177 for access to financial documents; s 178 for seizure of materials without a warrant; and s 179 for stopping and searching vehicles.

Criminal Investigation (Extraterritorial Offences) Act 1984 (SA)

See s 4 for issue of search warrant; and s 5 for powers under search warrant.

Firearms Act 2015 (SA)

See s 57 for power to inspect and seize firearms; s 57(8) for inspection; s 57(7) for searching vehicles and people; s 57(9) for searching premises; s 57(11) for compliance with prohibition orders, detaining people, vehicles, vessels, aircraft and searching premises.

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

See s 37 for search for weapons or articles to be surrendered in accordance with an intervention order; s 34 for power to arrest and detain without a warrant whilst facilitating service of an intervention order; s 35 for power to arrest and detain following service of an intervention order; and s 36 for power to arrest and detain for contravention of an intervention order.

Serious and Organised Crime (Control) Act 2008 (SA)

See s 33 for searching premises and vehicles in relation to public safety orders.

Summary Offences Act 1953 (SA)

See ss 66R-66S for powers to conduct metal detector searches and general drug detection in declared public precincts; 72A for power to search for weapons by metal detector; s 72B for power to search for weapons pursuant to authorisation to prevent incident of serious violence; s 74BAAB for use of detection aids; s 80 for power of entry to determine the cause of a fire or emergency; s 81 for searching persons in lawful custody; s 83C for power to enter premises where a person is in need of medical or other assistance, or for deceased persons; and Search Procedures (below).

Criminal Procedure Act 1921 (SA)

See s 99AAB(1) for power to enter premises to inspect a computer or device used to store electronic data in accordance with a restraining order.

Surveillance Devices Act 2016 (SA)

See Part 3 which provides for surveillance device warrants and emergency authorities.

Surveillance Devices Act 2004 (Cth)

See Part 2 for the power to issue surveillance device warrants, retrieval warrants, computer access warrants, data disruption warrants and network activity warrants.

Search Warrants  :  Last Revised: Mon May 21st 2012