Search Warrants (NSW)
Search Warrants (NSW)
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.
Michelle Makela has almost two decades of industry experience, coupled with a diverse academic background, and is committed to understanding the human side of law. Michelle holds a Juris Doctor, a Bachelor of Science (Psychology), and a Master of Criminology. She was admitted to legal practice in 2006. Over 19 years, Michelle has gained experience in commercial litigation, criminal law, family law, and estate planning. Her multidisciplinary background enables her to approach complex legal challenges strategically, compassionately and with an awareness of the big picture. Michelle leads the firm with integrity, sharp legal acumen, and dedication to delivering positive client experiences.
Related Content
Michelle Makela
Legal Practice Director
Michelle Makela has almost two decades of industry experience, coupled with a diverse academic background, and is committed to understanding the human side of law. Michelle holds a Juris Doctor, a Bachelor of Science (Psychology), and a Master of Criminology. She was admitted to legal practice in 2006. Over 19 years, Michelle has gained experience in commercial litigation, criminal law, family law, and estate planning. Her multidisciplinary background enables her to approach complex legal challenges strategically, compassionately and with an awareness of the big picture. Michelle leads the firm with integrity, sharp legal acumen, and dedication to delivering positive client experiences.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Reporting Police Misconduct in New South Wales
Police misconduct in New South Wales is taken very seriously. Employees of the New South Wales Police Force (NSWPF) are expected to behave professionally and with integrity and to make sure that their authority is exercised responsibly. You have a right to complain if you are dissatisfied or concerned about ....
Posted in:
Police Searches
Under the Police Powers and Responsibilities Act 2002, police in Queensland have the power to conduct personal searches without a warrant in some circumstances. Police can also obtain a search warrant to conduct a personal search, or search property or vehicles. Following changes to the Act in 2025, the police are now permitted ....
Posted in:
Police Searches
Can Police Enter Premises in Australia?
There are a range of situations where the police have the right to enter private premises. Whether or not the police require a warrant to enter depends on the situation. The circumstances where police enter premises, both with and without a warrant, are set out below. If the police enter ....
Posted in:
Police Searches
Search warrants provide Australian police with the right to enter a person’s premises for the purpose of investigating criminal matters. Search warrants are governed by individual state and territory legislation. There are also specific rules with respect to Commonwealth crimes and search warrants issues with respect to investigating Commonwealth crimes. ....
Posted in:
Police Searches
Personal Searches in South Australia
Personal Searches in South Australia Police powers to conduct personal searches in SA (South Australia) are authorised by the Summary Offences Act 1953, the Controlled Substances Act 1984, and the Criminal Law (Forensic Procedures) Act 2007. Generally, a person must have been arrested before they can be searched. However, police may search people without ....
Posted in:
Police Searches
Police powers to conduct personal searches in Victoria arise through the common law, the Control of Weapons Act 1990 and the Drugs, Poisons and Controlled Substances Act 1981. This article deals with personal searches in Victoria. General rules for personal searches in Victoria Police have the power to search a person or their ....
Posted in:
Police Searches
Unlawful Searches and Reasonable Suspicion (NSW)
Have you been pulled over by the police and had your vehicle searched? Are you wondering whether the police were entitled to do so? In New South Wales, the Law Enforcement (Powers and Responsibilities) Act 2002 empowers police to stop, search and detain you where they have reasonable grounds or ....
Posted in:
Police Searches
Reporting Police Misconduct in Australia
Australia takes police misconduct and corruption very seriously. In all Australian states and territories there are avenues for the public to make complaints about police behaviour and conduct. Serious police misconduct is conduct which the public would expect the police officer to lose their job over or result in criminal ....
Posted in:
Police Searches
Police Powers and Knife Crime (NSW)
Police Powers and Knife Crime (NSW) In 2024, the New South Wales government introduced new police powers and increased penalties aimed at tackling knife crime. These laws are contained in the Summary Offences Act 1988 and the Law Enforcement (Powers and Responsibilities) Act 2002. This page outlines the changes. ‘Wanding’ ....
Posted in:
Police Searches
Search Warrants in the Australian Capital Territory
Search Warrants in the Australian Capital Territory In the ACT, search warrants involve the power of police to enter someone’s home and search the premises for the purpose of investigating criminal matters. In most circumstances, the police do not have a right to enter someone’s property without being invited in; ....
Posted in:
Police Searches
Reporting Police Misconduct in South Australia
Reporting Police Misconduct in South Australia If a person in South Australia has a complaint about the behaviour of a police officer, they can make a complaint to the Office of Public Integrity (OPI). A complaint about police misconduct in South Australia should be made when a police officer has ....
Posted in:
Police Searches
Search Warrants in Tasmania Police in Tasmania may search a home for evidence if they have a valid search warrant. In some circumstances, the police have the power to conduct a search even without a warrant. This article sets out the types of search warrants that exist in Tasmania and ....
Posted in:
Police Searches