My Rights

Search and seizure vs. Privacy rights

Are there rules around how police can search me?

All searches (including strip searches) must be done in a way that is reasonable. This means that police may not search you in a way that is abusive. The police may only search you in a way that is appropriate and proportional to the circumstances.

What counts as a search?

When can police search me?

What is consent and why is it tricky? What if police tell you to open your bag or ask what is in your pockets?

What should I do if I do not consent to a search?

Can police search my phone or text messages?

Can police take my DNA, do breath tests or take bodily samples?

What do I do if I think a search violates my rights?

Can police strip search me?

Are there rules around how police can search me?

Can the police take anything from me (seizure)?

Stay safe. Use your best judgment.

Knowing your rights is an important tool. But sometimes questioning police or verbally insisting on your rights in the moment can escalate an interaction. It is usually a good idea to remain calm, be polite, and use your own good judgment. Knowing your rights can also help you recognize when your rights may have been violated. This will be important if you want to take action after you are no longer near the police.

Remember: The information in this Guide is not legal advice.

If you are looking for legal advice please consult a lawyer. It is recommended to do so if you plan to take legal action.
Read "How Can This Guide Help Me" for more information.