Police power to conduct a search without reasonable suspicion in Australia: a comparative perspective

Abstract

This paper considers moves in three states in Australia, New South Wales, Victoria and Western Australia, to allow police in limited circumstances to conduct a search of an individual, without the need to show a reasonable suspicion that the person searched have evidence on them of a crime, or have committed a crime. Similar legislation was recently considered by the European Court of Human Rights, which found it to be incompatible with the rule of law in the European Convention on Human Rights.