The Law Relating To The Police’s Powers To Search Your Property For Suspected Drug Crimes

If you use drugs and take the risk of keeping those drugs in your possession regularly, then the chances are that, at some stage, you will be stopped by the police. Even if you claim to be in a drug rehab program and are trying to get off drugs, it is unlikely to cut you any slack from the police, who may arrest you for possession of drugs or, if they suspect you intended to sell them, with the supply of drugs.

When you are arrested for a crime, including for a crime related to the possession of drugs, there are several actions that the police can take as part of their investigation. One of those is likely to be searches of your property, person, or both. When you use the term property, that can mean your home, your business premises, if you own them, or your vehicle.

Whether they wish to search your property or person, the police may ask you for permission, although they are not always obliged to do so. If you give them consent, it might be the case that once you have spoken to your lawyer, they advise you to withdraw your consent, which is permissible at any time.

You should be aware that even if you do withdraw your consent, there are certain circumstances where the police will still have the right to search for your property or your person.

These circumstances, as they relate to your property, include searching for someone they suspect is involved in a crime, including possessing something relevant to it. They also have the right to search without consent if the offence was committed severely, which would, in most cases, include a crime involving drugs.

If the police arrive at your home to search, it might occur before any arrest or detention relating to a drug crime. The police must carry out specific protocols before they start exploring the property, including identifying themselves, informing you of their intention to search the property, the reason for the search, and the legal basis.

They will also ask if you consent to the search. Remember, your consent might not be required if the circumstances we mentioned previously apply. It is also not the case that you have to be present when the police conduct their search. Suppose they enter your premises and perform a search without you being present. In that case, the police must leave documentation that a search was conducted along with any search warrant issued concerning the property search.

You should also be aware that if you try to stop or prevent the police from entering your premises when they have a warrant for a legitimate search, they can use reasonable force for the search to occur. This can include breaking down doors to gain entry and can also mean you may be restrained physically so that the police can conduct their search.

You can complain about those actions if you believe that unreasonable force was used. Any evidence that backs up your complaint, such as photos, written notes, or medical evidence that shows you were injured due to excessive force being used against you will be most beneficial.