Hi there. As a general rule, the police are not allowed to search a person’s property (e.g. house or car) unless they have obtained a search warrant. The same rule applies to making a secret recording of telephone conversations (i.e. phone-tapping). If the police searched your house, phone and laptop, they would have obtained a search warrant authorising them to lawfully carry out the search.

In South Australia, the police have access to general search warrants that remain valid for up to 6 months. If a general search warrant was obtained in your situation, the police officer named in the warrant (plus their assistants) can enter and search any premises where there is reasonable cause to suspect an offence has been or is about to be committed, the presence of stolen goods there or evidence of an offence. The police may choose to exercise this power any time within the 6 month period.

If it has been more than 6 months since the search warrant was issued, the police may not have authority to conduct further searches of your property or secretly record telephone conversations. If you believe the police may be acting outside their authority, you can lodge a formal complaint with the Office of the Police Ombudsman SA (www.policeombudsman.sa.gov.au). The Ombudsman is an independent body that can investigate allegations of police misconduct.

Suggested way forward

If you believe your rights are being infringed by the police you should lodge a complaint and consider speaking to a lawyer. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.