What are my rights if the police search my house with a warrant?

In Plain English

If the police search your house with a warrant, you have certain rights. Generally, you're entitled to see a copy of the warrant and the police officer executing the warrant must identify themselves. You also have the right to observe the search, but this right can be revoked if you impede the search or if you are arrested and allowing you to observe the search would interfere with the objectives of the search. The police are generally required to announce their presence and give you an opportunity to open the door before they enter, unless they believe that doing so would endanger someone's safety or risk the loss of evidence.

Detailed Explanation

Several pieces of legislation outline your rights when police search your house with a warrant. Here's a breakdown:

1. Copy of the Warrant and Identification:

   • The executing officer or a person assisting must make available a copy of the warrant to the occupier of the premises, or another person who apparently represents the occupier, if they are present during the execution of the warrant. Customs, Excise and Bounty Legislation Amendment Act 1995 section 203G(1), Excise Act 1901 section 107DC(1), Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 section 34, Proceeds of Crime Act 2002 section 240(1)
   • The executing officer must identify themselves to the person at the place where the warrant is executed. Customs, Excise and Bounty Legislation Amendment Act 1995 section 203G(3), Excise Act 1901 section 107DC(3), Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 section 34, Proceeds of Crime Act 2002 section 239(1)(c)

2. Right to Observe the Search:

   • The occupier or their representative has the right to observe the search as it's being conducted, as long as they don't impede it. Customs, Excise and Bounty Legislation Amendment Act 1995 section 203H(1), Excise Act 1901 section 107DD(1), Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 section 61(1), Proceeds of Crime Act 2002 section 241(1)
   • This right ceases if the person impedes the search. Customs, Excise and Bounty Legislation Amendment Act 1995 section 203H(2), Excise Act 1901 section 107DD(2), Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 section 61(2), Proceeds of Crime Act 2002 section 241(2)(a)
   • Under the Proceeds of Crime Act 2002 section 241(2)(b), the right to observe the search also ceases if the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search.

3. Announcement Before Entry:

   • The executing officer must announce their authority to enter and give any person at the premises an opportunity to allow entry. Customs, Excise and Bounty Legislation Amendment Act 1995 section 203F(1), Excise Act 1901 section 107DB(1), Proceeds of Crime Act 2002 section 239(1)
   • This announcement is not required if the officer believes on reasonable grounds that immediate entry is needed to ensure someone's safety or to prevent the frustration of the warrant's effective execution. Customs, Excise and Bounty Legislation Amendment Act 1995 section 203F(2), Excise Act 1901 section 107DB(2), Proceeds of Crime Act 2002 section 239(2)

Keep in mind that this information is general in nature, and specific circumstances might affect your rights. If you find yourself in this situation, it's always best to seek legal advice.