What police can do
Police have a wide set of powers — but every one of them sits alongside a right that protects you.
- Stopping and questioning people
- Searching people, vehicles or property (with or without a warrant)
- Arresting and detaining suspects
- Issuing fines, move-on orders or on-the-spot charges
- Taking forensic samples (fingerprints, DNA)
- Entering premises under a warrant, or in an emergency
Your rights when dealing with police
Even though police have authority, you have rights that must be respected. You have the right to:
- Remain silent — you usually don't have to answer questions (beyond your name, address, or driver details in some situations)
- Ask whether you're under arrest
- Refuse a search if there's no warrant or lawful reason
- Speak to a lawyer before a police interview
- Be treated with respect and without unnecessary force
Evidence police obtain unlawfully can be challenged — and may be excluded — in court.
Searches, arrest & interviews
Police may search you, your car or your home with your consent, with a warrant, or without a warrant if they have a lawful basis — for example a reasonable suspicion of drugs, weapons or stolen goods. If they enter without a warrant, they must justify it (such as hot pursuit, preventing violence, or stopping evidence being destroyed).
Police can arrest you if they suspect you've committed a crime, to stop you committing further offences, or to bring you before a court. If you're arrested, you must be told the reason, given the chance to contact a lawyer, and taken to court or released within a reasonable time.
Unlawful or excessive force can be grounds for a formal complaint or a civil claim.
You have the right to remain silent. If police want to interview you, they must tell you about your right to a lawyer, let you contact a lawyer or support person, run the interview fairly and without coercion, and provide an interpreter if needed. Anything you say can be used in court — and you don't have to take part unless a specific order compels you.
Police can issue move-on orders to leave a public area, and on-the-spot fines for things like public nuisance, offensive behaviour or minor drug possession. Not following a lawful direction can lead to arrest or further penalties.
Police powers where you are
Each state and territory has its own law governing police, and its own watchdog. Pick yours for a snapshot.
Parts of the system
This is general information, not legal advice. Police powers and your exact rights vary by state, and what you should do can depend on the situation. If you've been searched, arrested or questioned, speak with a criminal lawyer or your state's Legal Aid service.
