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

Feb 4, 2021 Legal Advice

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 number of actions that the police can take as part of their investigation. One of those is likely to be searches of your property, your person or both. when war 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, they police may ask first you for permission first, although they are not always obliged to do so. If you give them you consent, it might be the case that once you have spoken to your lawyer, that they advise you to withdraw you consent, which is permissible at any time.

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

These circumstances as they relate to your property include them searching for someone who they suspects is involved in a crime including them being in possession of something which is relevant to it. They also have that right to search without consent if the offence committed serious one, and that would in most cases includes crime which involve drugs.

If the police arrive at your home to conduct a search it might be something which occurs before any arrest or detention relating to a drug crime which has occurred. The police must carry out certain protocols before they start searching the property which includes identifying themselves, informing you of their intention to search the property, the reason for the search, and the legal basis for it.

They will also ask if you consent to the search. Bear in mind, 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. If they enter your premises and conduct a search without you being present, the police must leave documentation that a search was conducted along with any search warrant that was issued in relation to 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 in order for the search to take place . 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.

If you believe that unreasonable force was used, you have the right to complain about those actions. Any evidence which backs up your complaint such as photos, written notes, or medical evidence that shows you were injured due to excessive force being used against your personally, will be most useful.