Police search powers invalid and unlawful, judge rules

Tara Cosoleto |

Protesters have won a court challenge against police being able to search people without a warrant.
Protesters have won a court challenge against police being able to search people without a warrant.

A declaration giving police the power to search people without a warrant or any suspicion of wrongdoing was unlawful and invalid, a judge has ruled.

The six-month declaration, made by Victoria Police on November 30, was challenged in the Federal Court by a group of protesters.

The order listed the Melbourne CBD and neighbouring suburbs as a designated area where police could stop and search people for weapons without a warrant or any suspicion of wrongdoing. 

Police could also direct a person wearing a face covering to leave the area if they believed the person was trying to conceal their identity or protect themselves from substances like OC spray.

Protester outside court (file)
Police were also able to prevent protesters protecting themselves from substances like OC spray. (Con Chronis/AAP PHOTOS)

Federal Court judge Elizabeth Bennett on Friday determined the declaration was invalid and unlawful.

In her brief reasons, Justice Bennett stated Victoria Police had failed to properly consider section 13 of the Charter of Human Rights, which protects a person’s right to privacy.

The judge’s full written reasons will be published later on Friday.

The declaration for a designated area was lifted prematurely on January 9.

Assistant Commissioner Brett Curran last week told the court he lifted the order so he could consider aspects of the human rights charter.

AAP