Do’s and Don’ts of police search warrants

If you ever find yourself in the position of police executing a search warrant at your address, the below points will make the experience easier and protect your legal position.

When the police first arrive

✅ Immediately indicate to police that you want to speak with your lawyer

✅ Allow police to execute the warrant

❌ Do not accept police telling you that you will be able to contact your lawyer at a later time (e.g – back at the police station)

❌ Other than confirming your identity, do not answer any questions (no matter how many times they are re-phrased by police)

✅ Read the warrant and notice to occupier that are provided to you at the time the warrant is executed

During the search

❌ Do not point out any mistakes on the warrant that you may identify (e.g. – wrong address)

✅ Remember that all conversations will be recorded. There are no ‘off the record’ conversations so don’t be tempted to provide a version under this guise

❌ Do not declare any items to police even if you are told that your co-operation will assist and save time

✅Listen to police instructions and do not hinder them

❌ Do not provide access to your mobile phone unless the warrant is signed by a magistrate and contains an order for you to do so

✅ Identify any correspondence between you and your lawyer that may discuss any current or finalised matters

✅ Indicate this correspondence to police as these documents may be ‘privileged’ documents and need to be quarantined

After the search

✅ Keep a copy of the warrant and any relevant paperwork issued to you

✅ Provide this paperwork to your lawyer

To re-iterate

❌ Do not answer any questions

and…

✅ Request your lawyer immediately