Can the Police Search Me, My Vehicle or My Home?

If police believe you are connected to a crime and they stop (detain) you to ask you questions, they can do what is called a pat-down search to look for weapons. They cannot use a pat-down search to look for evidence of a crime. They can do a full search in specific circumstances, including if:

• you consent to the search (see "Consent Search" box below)
• they have a search warrant
• you are under arrest, your arrest is lawful and the search is connected to that arrest
• they find you in a place they are searching for evidence (like weapons or drugs) and believe that you have evidence (like weapons or drugs) on you

When you are lawfully under arrest, police can search you, your pockets, any bag you are carrying and, if your phone does not have a password, your phone.

Unless they are doing a "regulatory inspection" (for example under The Wildlife Act, 1998), police can only search a vehicle if it is connected with a crime AND if:

• you consent to the search (see "Consent Search" box below)
• they have a search warrant
• someone in the vehicle is under arrest and they have a valid reason to search the vehicle, such as looking for evidence of the crime the person was arrested for
• they have reasonable grounds to believe there is evidence of a crime in the vehicle that would be removed or destroyed if they take the time to get a warrant before searching the vehicle

Police can search a home to look for evidence of a crime or to ensure the safety of people in the home if:

• someone who has authority over the home consents to the search (see "Consent Search" box below)
• they have a search warrant
• they place someone in the home under arrest and, beyond the immediate area of the arrest, they have a valid reason to search for safety purposes
• they have reasonable grounds to believe that there is evidence in the home that would be removed or destroyed if they took the time to get a warrant before searching the home