For the police to have a right to search your premises or vehicle(s), they must obtain a search warrant from the Magistrate’s Court. If they don’t do this then they don’t have the power to perform the search, and you could be entitled to compensation.
What rights do the police have with a search warrant?
If the police have obtained a search warrant, they are within their legal rights to force entry to your premises or vehicle(s), even if you have refused them entry. They can also enter and perform the search if you are not present, the premises or vehicle(s) are not occupied, or if they have ‘reasonable grounds’ to believe that if they do not enter the premises or vehicle(s) a person may be in danger.
How can I pursue a claim against the Police?
If the police have performed a search without a warrant, or if the warrant was unlawfully obtained or executed against you, you could be entitled to make a claim against the Police.
Our team of experts have years of experience in dealing with these types of cases, and are on hand to assist you with suing the Police for wrong doing.