POLICE SEIZE ON SEARCH POWERS

POLICE powers to conduct searches in some cases without a warrant have been
radically extended under new laws introduced this month.

However, the laws have been condemned by spokesmen for the Council for Civil
Liberties and the Tasmanian Bar Association, who believe they are too broad.

But detectives are delighted with the powers, which allow them much greater
freedom to search homes, businesses, boats, planes and cars.

They also can search individuals who are found near a place listed in a
search warrant.

The Search Warrants Act 1997, which came into effect on June 1, allows
police to search for evidence of the commission of a crime. Previously,
police were unable to search for things like knives used in robberies, or
clothes worn during a rape.

Also, the laws now allow police to intercept cars which they suspect are
carrying stolen property something they had been prevented from doing under
previous legislation.

And police now are permitted to take fingerprints and DNA samples from
buildings and vehicles.

With the increased powers has come increased accountability, with police
required to give more information under oath before a justice of the peace
before obtaining a search warrant.

However, in an emergency, police can search without a warrant provided they
have reasonable grounds and can satisfy a court hearing that their search
was properly conducted.

Meanwhile, legislation allowing police to bug telephone conversations and
use the tapes in court also passed the Legislative Council last week.

The bugging charter which applies only to major crimes such as murder, drug
trafficking and kidnap brings Tasmania into line with other states.

Tasmania Police Commissioner Richard McCreadie described the search warrant
laws as practical and said they would assist in the investigation of crime.

Mr McCreadie said police had identified shortcomings in legislation and made
recommendations to the Justice Department, which had developed the bill.

The laws provide search powers which previously were carried out under
legislation including the Poisons Act, the Police Offences Act and the
Firearms Act.

Mr McCreadie said the new search warrant laws should give the community
confidence as they contained appropriate checks and balances.

"To have the privilege of being able to search, we have to be able to
satisfy a court that the search was properly conducted," he said.

"Justice is about establishing the truth."