Traditionally, police require a drug search warrant to search your premises. In South Australia we are unique in that detectives in the police force are issued General Search Warrants which allow them to search your house provided they entertain certain suspicions. In more recent times police have been provided with unprecedented powers to search you in declared public precincts.
This includes areas such as Hindley Street between certain hours. The powers are wide and no suspicion is required. In our view this impedes your rights but our complaints will fall on deaf ears. The power to search a person has always been based upon a reasonable belief. However, a reasonable suspicion is only required to search your vehicle or vessel.
Sniffer dogs have been allowed to explore people at venues and the courts have not considered this an actual search.
Often the reaction of the person to the dog is the basis for the suspicion. At Woods & Co we can advise you whether the search was illegal and protect your rights. Search arguments are complex but we will continue to challenge illegal searches. We believe your rights are being eroded continually and make no apologies for trying to protect them.