Queensland police officers have defined powers when arresting and investigating a suspected offence. Generally, an officer must reasonably suspect you have committed a serious offence (indictable offence or a breach of bail) to arrest you without a warrant. If you are arrested, police must immediately tell you you’re under arrest and the reason (and caution you). You have the right to remain silent, but you should clearly ask for a lawyer if you don’t want to answer questions.
Once in custody, you can be detained and questioned for up to four hours (unless a court extends this). Always remain respectful, clearly state that you wish to remain silent, and insist on contacting a lawyer before answering any detailed questions.
Police may enter or search your property in certain situations. They must usually have your consent or a warrant (for example, a search warrant issued by a judge). However, under the Police Powers and Responsibilities Act 2000 (Qld), police can search you or your belongings without a warrant if they reasonably suspect you are carrying something like:
- A weapon (knife, gun, etc.) or dangerous implement.
- Illegal drugs or drug paraphernalia.
- Stolen or unlawfully obtained property.
- Tools for housebreaking or car theft.
- Evidence of certain serious offences (e.g. an article that might be destroyed).
Police also have limited power to search without suspicion in urgent cases (e.g. to prevent harm or the destruction of evidence). When stopping and searching you, officers should act with minimal intrusion (e.g. a quick frisk in public, or a more private search out of view) and normally have an officer of the same sex conduct any intimate search. If you are stopped, you can politely ask why and note down their reasons.
During an investigation, police must follow procedural safeguards. Interviews must be audio/video recorded once you are in custody. You have a right to consult your lawyer (or duty lawyer) before and during questioning. Any evidence gathered in breach of the law (for example, through an illegal search) may be inadmissible in court. If you feel your rights have been violated, note the details and seek legal advice as soon as possible.
Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
