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Police Search Warrants in Queensland

In Queensland the police generally are not allowed to enter your premises. You can refuse them entry by clearly stating to them that you are not inviting the officer in, and you do not give consent for the officer to remain on your property. If this does occur it is a good idea to record the names of any witnesses that hear you asking the police to leave.

There are certain circumstances, though, in which the police can enter your premises without a warrant. The Police Powers and Responsibilities Act 2000 outlines the procedures that police have to follow in relation to searches.

Applications for search warrants can made to a Justice of the Peace, Magistrates Court, or Supreme Court.  Section 150 of the Act outlines which applications are to be made where – this depends on the nature of the offence and the evidence that is being sought.

Author

Michelle Makela

Michelle Makela is one of our Legal Practice Directors and the National Practice Manager. She holds a Bachelor of Laws, a Bachelor of Science (Psychology) and a Master’s in Criminology. Michelle has had a varied career, working in commercial litigation, criminal law, family law and estate planning. Michelle joined Go To Court Lawyers in 2011. She now supervises a team of over 80 solicitors across Australia.

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