South Australia police have extensive powers to conduct searches.
Many police officers are equipped with a ‘General Search Warrant’ (GSW); this allows them to conduct a search when they have reasonable cause to suspect that there is an offence or evidence of commission of an offence. These GSWs also allow the relevant police officer to use any assistance necessary (usually a team of other police officers) and break open any doors, cupboards, chests and other things.
Police also have additional powers when it comes to things like searching for controlled substances (drugs) and conducting metal detection searches.
If police wish to search your home or car, it is important to do a few things:
- Do not panic
- Do not consent to the search
- Do not obstruct police officers
- Do not answer questions or offer any explanation
- Contact a criminal lawyer
- Follow legal advice
If police do find drugs in your car or home, then you are likely to be arrested. You may then be granted bail (or not) depending on the seriousness of what has been located. There are many different charges that can arise from the location drugs, and the maximum penalties can range from life imprisonment (for example for an offence of trafficking a large commercial quantity of a controlled drug) to an expiation notice (for example for a simple cannabis offence).
If you are arrested and charged for drug offences, the matter would then proceed through Court where you would be entitled to receive and consider the evidence against you. The evidence will likely include photos of what was located, statements of police officers, and expert forensic science reports.
Ultimately, if police find drugs in your car or home the consequences can be serious, including lengthy sentences of imprisonment if found guilty.
