In New South Wales police arrests can proceed either by way of warrant or without one. Under the NSW Crimes Act a police officer can arrest a person without a warrant or detain them for further investigation when the person: is engaged committing an offence against any act; has been caught immediately after having committed an offence; is hanging around suspiciously and is suspected with reasonable cause of being about to commit an offence; is reasonably suspected of having committed an offence; is found on premises that have been searched and where a search warrant is connected with something seized; and is known by the officer to have a warrant issued for them.
Search Warrants
The police can apply for a search warrant to enter suspect premises but only if they have reasonable grounds for believing that there may be items on the premises relating to an indictable offence e.g. firearms, drugs, child pornography, or stolen goods to name a few. The warrant expires after 72 hours unless extended.
Executing a Warrant
An occupier's notice must be handed to an occupier over 18 years old. Anything mentioned in the warrant and anything connected with the offence may be seized. Any person on the premises, who the police may reasonably believe to be connected to the warrant, may be searched.
Search Warrants on drug premises
There are specific police powers relating to drug premises which the police believe are being used for the manufacture or supply of a prohibited drug. Any person on the premises, who the police may reasonably believe to be connected to the warrant, may be searched.
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