Searches in public

The police can search you in any public place, including in a shop, at the train station, on public transport (buses, trams or trains) or in a hospital or welfare centre (for example, the Salvation Army). The police can search you in a public place without a warrant if they believe on reasonable grounds that you are:

· in a place that is a target area under the terrorism laws

· carrying:

o illegal drugs

o things that can explode or ignite

o something that could be used to make graffiti – for example, spray paint, a gouging tool or even a texta, see 'Young people & the police'

o guns or offensive weapons like knives, imitation guns and martial arts weapons like knuckle-dusters and nunchakus.

If you are in an area with a lot of violent crime, police can use this fact to work out whether they have reasonable grounds to search you. For example, they may be more likely to suspect you of carrying an illegal weapon. If the police search you they can also search anything you are carrying and the car you are travelling in.

Searches in 'designated areas' for weapons

Police can body search any person in a ‘designated area’ to see if they are carrying weapons. They do not need to suspect that you have a weapon. Police can declare any public space to be a designated area for up to 12 hours if they believe there may be violence involving weapons. Police may take anything they believe is a weapon.

Searching the person

There are three types of personal (body) searches.

Pat-down search

A pat-down search is when police use their hands to feel over the outside of your clothes. The police can also:

· use a metal detector to look for something they ‘reasonably suspect’ is a weapon

· ask you to empty your pockets or remove your outer clothing, for example, your jacket or hat

· ask you to show them something they believe is a weapon.

You could be charged and fined if you refuse to do this. Pat-down searches can be done anywhere. The police must make a written record of the search. The police must give you a receipt when they take anything away from you.

Strip search

A strip search is the removal and search of all your clothing. These searches must be done in a private place, usually at a police station. If you are under 18 a parent, guardian or independent person can usually be with you during the search. A strip search usually happens when the police are looking for something they could not find in a pat-down search. Under terrorism laws, strip searches can only be carried out on people who are named in a court order.