We’re pretty sure you’ve seen it in movies, or perhaps in a news broadcast, but have you ever wondered what you personally would do if the police rocked up at your door with a search warrant?

It’s something most of us don’t think about until it happens.

But, as they say, proper planning prevents poor performance – and it’s just a good idea to have a basic understanding of your legal rights if the Queensland Police Service arrive at your door step with a search warrant.

What Is a Search Warrant?

A search warrant is an official document that gives police the legal authority to search your property, vehicle, or belongings for evidence of a crime.

The warrant is issued by a Magistrate or Justice of the Peace, based on sworn information from the police. To get a warrant, police need to show “reasonable grounds” to believe a crime has been committed or evidence is present at the location being searched.

So basically the search warrant permits the police to conduct a search of the area or areas described in the warrant, subject to any boundaries or conditions set by the warrant.

Now just to be clear – in some circumstances, the police can conduct a search without a warrant, but that’s not what we’re talking about today.

How Are Search Warrants Issued?

To get a search warrant, Queensland police must apply to a Magistrate or Justice of the Peace.

They need to:

• Provide sworn information (a formal document under oath) outlining the grounds for the search;
• Demonstrate grounds for “reasonable suspicion” that evidence linked to a crime will be found at the premises; and
• Describe in detail what they’re looking for and where they’ll be searching (e.g., drawers, safes, vehicles).

If approved, the warrant itself will contain the most critical details, including:

• The address being searched;
• A list of items attending police are authorised to look for;
• Period/ time of warrant; and
• Any specific powers allowed during the search (e.g., opening locked areas or detaining people present).

What Does a Search Warrant Look Like in Action?

Imagine you run a small home-based business in Brisbane.

One Monday morning, the police arrive at your house claiming to have a search warrant to enter and search the premises. They say they are investigating a neighbour’s tip-off about alleged stolen goods in your garage.

The officer shows you the warrant, which states your address and specifies they’re looking for “items reasonably suspected to have been unlawfully obtained.”

Before letting them in, you check that everything seems correct, including your address and the warrant details. The police conduct their search, and anything they seize will need to be recorded and listed in a receipt they give you.

Your Rights as a Homeowner in Relation to a Search Warrant

Here are some general principles when it comes to police conducting a search under warrant at your premises.

1. See the Warrant

Always ask to see the search warrant. Check the following details:

• Your correct address is listed.
• The items they’re searching for are clearly described.
• Any conditions or limitations are listed such as providing pin number to mobile phone.

If anything looks incorrect, you can point it out. However, it’s a bad idea to obstruct officers or get combative.

2. Remain Silent

Beyond providing your name and address if requested, you don’t have to answer any other questions.

Politely decline and say, “I would like to speak with a lawyer before answering further.”

3. Respectful Treatment

Police should treat you fairly and respectfully during searches. They may not use unnecessary force or cause unnecessary damage to your property, unless explicitly authorised by the warrant.

4. Right to Legal Advice

While the police are conducting their search, you’re within your rights to contact a lawyer. The lawyer can offer you real-time advice if you’re unsure about how to proceed.

What to Do If Police Show Up With a Warrant?

It’s probably going to be stressful for most people if this happens. We strongly suggest these practical steps:

Step 1: Stay Calm and Composed

Be polite, cooperative, and avoid escalating the situation or interfering with the police doing their job, even if you think they’re doing it wrong.

Step 2: Ask for Their Identification and the Warrant

Politely request to see both the warrant and the officers’ badges. Take photos or notes of these for your records.

Step 3: Don’t Give Consent If It’s Not Required

If a warrant isn’t presented, clearly state, “I do not consent to this search.”

Record any witnesses present who hear you refusing consent.

Step 4: Monitor the Search

You’re allowed to observe what the police are doing during the search, provided you do not obstruct them.

Take note if they’re going beyond the warrant’s scope (eg looking in places irrelevant to the listed items or damaging things not permitted to be damaged).

Step 5: Keep Your Answers Simple

Once you have provided your name and address, our standing advice is that you should not answer any further questions.

If the police ask you questions, tell them that you decline to answer any further questions until you have consulted a lawyer.

Step 6: Get a Receipt for Any Seized Items

If police seize anything they must provide a receipt. Make sure it contains sufficient details, and keep this safe for future reference including cash

To Wrap Up

If the police are searching your house, it’s going to almost always be a good plan to call a criminal lawyer to help – ideally at the time the warrant is presented.

Practically speaking, try to stay calm and attentive, take notes or video footage as appropriate, but do not obstruct the police conducting the search.

Once you know more about how and why the warrant was issued, your criminal lawyers can help you decide what the next best step is.