Search Warrants (NSW)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 20 April 2026.

A search warrant is an authorisation issued by a court that gives the police the power to enter named premises to search for specified things. Without a search warrant, police can only enter premises with the occupier’s consent or in limited other circumstances. This page outlines the law surrounding search warrants in New South Wales.

Legislation

The powers and procedures relating to search warrants are set out in the Law Enforcement (Powers and Responsibilities) Act 2002.  

Applying for search warrants

When a police officer applies for a search warrant, they must specify in the application what they believe they will find on the premises and the reasons for that belief. A search warrant may be issued to look for a thing connected with a searchable offence. A searchable offence is an indictable offence, a weapons offence, a narcotics offence, a child abuse material offence, an offence involving a thing being stolen or unlawfully obtained, or a computer offence.  

When a warrant is issued, the court will record the reasons for issuing it. A warrant remains valid for three days unless it is extended by the court. The police must provide a report back to the court within 10 days of executing the warrant, advising of any items that were found.

Search powers

When police conduct a search under a search warrant, they may enter the premises and search for things connected with the offence. If the warrant is not a covert warrant, police must advise the occupants of the warrant and that they are in attendance to conduct a search.

If the warrant is a covert warrant, they may conduct the search without the knowledge of the occupier and may conceal evidence that the search has been conducted. When executing a covert search warrant, the police may also enter adjoining premises without the knowledge of the occupier or impersonate a person for the purpose of executing the warrant where it is necessary to do so.

When executing a search warrant, the police may use force to enter premises. They may video the search and may seize items described in the warrant. They must provide an itemised receipt of everything that they seize. The police must not exceed the terms set out in the warrant when carrying out the search.

It is a criminal offence to obstruct the police when they are executing a search warrant. 

Police do not have the power to question or interview persons while they are executing the search warrant. However, if a search is video recorded, any responses that are given to the police will be recorded and may be used as evidence.

Occupier’s notice

When executing a search warrant, the police must provide an occupier’s notice to someone present who is over 18. The notice sets out the details contained in the warrant. If the occupier wants to see the warrant, the police must show it to them.

Entry can only be refused to police who have a search warrant if the premises are not the ones named on the warrant, if the expiry date on the warrant has passed, or if the police are seeking to conduct a search at night and this is not authorised on the warrant.

Searching persons

If the police are conducting a search under a New South Wales warrant or under a Crime Commission warrant, they may search any person who is in the premises.

If the police are conducting a search under a Commonwealth warrant, they may search persons only where the warrant expressly authorises this.

What happens if the correct procedure is not followed?

If the police do not follow the correct procedures when executing a warrant, the search may be found to have been unlawful. When this occurs, the evidence seized during the search may be found to be inadmissible in criminal proceedings. The owner or occupier of the premises may also have a legal claim against the police.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.