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Frequently Asked QuestionsWhen can the Police search my house?Generally, the Police have to obtain a Search Warrant signed by a Justice of the Peace or a Judge in order to search a house or any other premises. To obtain a warrant, the Police have to file an Affidavit or Affidavits containing sworn reasons for suspecting that certain offences have been committed, thus justifying the search. However, as with searches of persons, there are a number of statutes which give the Police the power to search premises without a warrant in particular circumstances. For example, no warrant is required in respect of suspected offences under the Misuse of Drugs Act, the Arms Act and the Sale of Liquor Act. Also, under the Crimes Act, a Police Officer is given the power to enter premises without a warrant in certain circumstances; for example if he or she suspects an imprisonable offence is being committed on the premises. Return to FAQsBackAbout CBA || Find a Criminal Lawyer || Frequently Asked Questions
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