From Our Desk

In Queensland, police officers are granted significant powers to conduct searches of individuals, private property, and vehicles, primarily under the Police Powers and Responsibilities Act 2000 (QLD) (‘PPRA’). 

However, these powers are not unlimited, and it is crucial for the public to understand when and how a search can be lawfully performed. 

Searching a Person 

Police generally require one of two things to search an individual: your consent or a lawful reason. 

If an officer asks if they can search you, the safest answer is usually: 

• "I do not consent to a search". 

By saying no, you make the police prove that they have a legal right (like a warrant or a reasonable suspicion) to search you anyway. 

Searching a Person without a warrant 

Under the PPRA, Police can stop, detain, and search you without a warrant if they have a reasonable suspicion that you are carrying certain items. ^[1]

Some of the most common prescribed circumstances for searching a person without a warrant are as follows. ^[2]

The Police reasonably suspect you are in possession of:

• A weapon, explosives, or an unlicensed gun.
• An unlawful dangerous drug or drug implements.
• Stolen, unlawfully obtained or tainted property.
• Tools used for breaking into houses or cars.
• Evidence of an offence that is punishable by seven years or more in jail, where that evidence may be hidden on you or destroyed.
• Something intended to cause self-harm or harm to someone else;

If police intend to search you, you should always ask the reason for the search and politely request their details. If you do not consent to the search, you must clearly communicate this, as non-consent may be important later in legal proceedings, potentially leading a court to refuse evidence found. 

Rules for Personal Searches 

• All searches must be conducted with respect for your dignity and aim to cause minimal embarrassment.
• A search conducted in public is generally limited to a frisk search or a pat down of outer clothing.
• A more thorough search, or a strip search, must be conducted away from public view, if possible, and by an officer of the same sex, unless an immediate search is necessary.
• A strip search is only permitted in certain circumstances where police reasonably suspect you possess unlawful weapons, drugs, stolen property, or evidence of a serious offence. You must be given the opportunity to remain partly clothed during the search (e.g., lower body searched while keeping your top on).
• Police cannot touch your genitals, anal areas and cannot conduct body cavity searches without authorisation from a Magistrate and then the search must be conducted by a medical practitioner.^[3]

It is important to remember that even if you say "I do not consent to a search" you must still follow all of the officer's other instructions. 

• Do not run, fight or physically resist them, or you could be charged with a crime like assaulting or obstructing police.^[4]

Jack’s Law 

Jack Beasley, was a 17-year-old male who was fatally stabbed in Surfers Paradise in 2019. These recent changes to law were named after him, notably ‘Jack’s Law” officially came into effect on 2 April 2023^[5] and was made permanent on 18 July 2025.^[6]

The law allows police to use hand-held metal detectors to identify and seize weapons from people in all public places.^[7]

Public places are defined in the PPRA as: 

1. a licensed premises;
2. a public transport station;
3. a public transport vehicle;
4. a retail premises;
5. a safe night precinct;
6. a shopping centre;
7. a sporting or entertainment venue.

Under Jack’s law, the police officer may exercise this power in a public place in relation to the person, even if the person leaves the relevant place. 

Searching Property and Vehicles 

In certain circumstances under the PPRA, Police can stop and search your vehicle without a warrant.^[8]

Some of the most common prescribed circumstances for searching a vehicle without a warrant are as follow.^[9]

The Police reasonably suspect you are in possession of:

• An unlawful weapon, explosives, or an unlicensed gun.
• An unlawful dangerous drug or drug implements.
• Stolen, unlawfully obtained or tainted property.
• Tools used for breaking into houses or cars.
• Evidence of an offence that is punishable by seven years or more in jail, where that evidence may be hidden on you or destroyed.
• Something intended to cause self-harm or harm to someone else;

They can also search the vehicle to arrest or detain someone. As with a personal search, you can refuse to consent to a vehicle search, but once again, you should avoid physical resistance. 

For private premises (such as your home), police generally require your consent or a warrant to enter and search. They can enter without a warrant in limited, urgent circumstances, such as to prevent injury to a person, prevent property damage, or deal with domestic violence that has just occurred or is occurring. 

If police have a warrant, you should insist on seeing it and request a copy. Even with a warrant, police can only stay for a reasonable time to carry out the authorised action. 

Searching Electronic Devices 

If police ask to search your mobile phone or computer, you can refuse consent. They may then seize the items and seek a warrant. Furthermore, courts can issue orders requiring you to release your security passwords or access codes for these electronic devices.^[10]

For more information on that specifically, Tom Gardiner, Principal at Fisher Dore has written about this previously. 

If you are ever subject to a search, remember to remain calm, clearly state whether you consent or refuse consent, and record the names, rank, and station of the officers involved. If you have found yourself in this situation, get in touch with Fisher Dore Lawyers to schedule a meeting with one of our criminal defence team right away. 

The above are some general pointers for anyone who might have to deal with accusations of criminal charge or nature. If you have found yourself in this situation, get in touch with Fisher Dore Lawyers to schedule a meeting with one of our criminal defence team right away. 

Call us after hours on 0416 205 363. During business hours, the Fisher Dore Lawyers team is available for enquiries on 1300 557 884 or send a confidential enquiry through our website.