Personal Searches (Qld)
Personal Searches (Qld)
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 to scan a person using a metal detector in a public place. This article deals with personal searches including the use of metal detectors by police in Queensland.
Metal detectors
Queensland police have the power to scan any person with a metal detector in a relevant place. A relevant place includes the following public places:
- All Queensland Safe Night Precincts
- Public transport stations
- Public transport vehicles
- Shopping centres
- Retail premises
- Sporting and entertainment venues
- Licences premises
- Rail lines.
Police also have the power to scan a person with a metal detector in a place that is not a relevant place if they have obtained authority from a senior officer.
This scan may be conducted to detect the presence of a knife or other weapon. If a knife or other weapon is found, the police may confiscate it.
Police searches (other than with metal detector)
The police may search a person with the person’s consent. They may also search a person in a situation where the Act gives them the power to conduct a search (regardless of whether the person consents).
Searches without warrants
Under section 30 of the Act, the police may search a person without a warrant if they reasonably suspect that:
- the person has in their possession an unlawful dangerous drug, a weapon, stolen or tainted property, or evidence of the commission of an offence;
- the person has committed, is committing, or is about to commit an offence.
A reasonable suspicion means that police must have more than a ‘mere idle wondering.’ Police must have a positive feeling of mistrust or actual apprehension that amounts to a slight opinion before acting and conducting a personal search without a warrant.
Searches under warrants
Section 157 of the Act sets out the powers police may exercise under a search warrant. These include searching anyone found at the relevant place for anything sought under the warrant (where this is authorised under the warrant).
Searches of persons in custody
Section 443 of the Act empowers the police to search persons who are in custody. The police may seize anything that they believe provides evidence of the commission of an offence. They may also take and retain the following items for as long as the person is in custody:
- anything that may endanger a person’s safety
- anything that may be sued for an escape
- anything else they reasonable consider should be kept in safe custody.
Strip searches
All police searches must be conducted in a way that causes minimal embarrassment and protects the dignity of the person being searched.
When a person is searched in public, the search should be restricted to outer clothing, unless it is an urgent search. An urgent search should be conducted out of public view. Searches must be conducted by a police officer of the same sex as the individual or by a doctor, except where the search is urgent.
When a strip search is conducted, the person must be given the opportunity to remain partly clothed during the search. This means that they should be allowed to dress their upper body before being required to remove clothing from their lower body, and vice versa.
A police officer conducting a strip search is not authorised to make any physical contact with the genital area of the person searched. However, they can require the person to bend forward with their legs apart to allow for visual examination.
Conducting a search
If a person obstructs a lawful search, police will warn them that it is an offence to do so and give them a reasonable opportunity to stop obstructing the search.
Police may use force to search a person, provided the level of force used is reasonably necessary. Police must not use a level of force that is likely to cause grievous bodily harm or death.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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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.
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