My Rights

Search and seizure vs. Privacy rights

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

Keep calm and be polite in the moment – it might help protect you. You might also be able to take action – but it will likely be safer to do so after the interaction.
Say politely “I do not consent to being searched” if you think it safe to do so.
Remember: police are allowed by law to do some searches without a warrant or consent.
Be careful to avoid any accusation of assault, whether the search was lawful or unlawful.
If you interfere with or block a search, and it turns out that the search was lawful, you could be charged with obstructing an officer.
If you are charged with an offence, and the search turns out to have been unlawful, sometimes evidence that was found during an unlawful search might not be able to be used against you.
What counts as a search?
What counts as a search?
When can police search me?
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 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?
What should I do if I do not consent to a search?
Can police search my phone or text messages?
Can police search my phone or text messages?
Can police take my DNA, do breath tests or take bodily samples?
Can police take my DNA, do breath tests or take bodily samples?
What do I do if I think a search violates my rights?
What do I do if I think a search violates my rights?
Can police strip search me?
Can police strip search me?
Are there rules around how police can search me?
Are there rules around how police can search me?
Can the police take anything from me (seizure)?
Can the police take anything from me (seizure)?