Your rights when police interact with you
Police must follow rules when they interact with you. You have rights — including the right to remain silent, the right to a lawyer, and the right to make a complaint if treated unfairly.
Key points
- Police must identify themselves and show ID if asked
- You do not have to answer questions without a lawyer — say 'I want to speak to a lawyer' and nothing else
- If you are arrested, you are allowed to call someone immediately
- If you are Aboriginal, you can ask for an Aboriginal police officer or the LECC
- Police cannot search you without a warrant or reasonable suspicion
- If you feel you have been treated unfairly by police: LECC 1800 651 203
Your rights when police interact with you
Police must follow rules. You have rights — know them, and use them.
Police must show ID
If police approach you, they must identify themselves if asked. You can ask to see their warrant card through a window or at a distance. You don’t have to open your door to ask.
Their warrant card will show their name, identification number, and the station they work at.
You don’t have to answer questions
This is critical: you do not have to answer police questions without a lawyer. This is your right under law. You can say:
“I want to speak to a lawyer before I answer any questions.”
After that, say nothing more. Do not try to explain your side, do not argue, do not make excuses. Just wait for a lawyer.
Anything you say to police can be used in court. It is always better to be quiet and get legal advice than to say something that hurts your case.
If you’re arrested
If police arrest you:
- You have the right to remain silent
- You have the right to a lawyer
- You have the right to call someone (a family member, friend, or your lawyer)
- You have the right to ask for an Aboriginal police officer or Aboriginal support person
Ask for a lawyer immediately: “I want to speak to a lawyer.” Don’t answer any questions until you have spoken to one.
VALS (Victorian Aboriginal Legal Service) is available 24/7 for people in custody: 1800 641 072.
Searches without a warrant
Police generally cannot search you without a warrant or without reasonable suspicion that you have something illegal. If police want to search you and you haven’t been arrested:
- Ask: “Do you have a warrant?”
- Ask: “What is your reasonable suspicion?”
If they don’t have a warrant and don’t have reasonable suspicion, you can say: “I do not consent to a search.”
However — if police have a warrant or reasonable suspicion, do not physically resist. That will only make things worse. Physically resist only if you’re being illegally detained.
If you’re Aboriginal
You can ask for an Aboriginal police officer. They should try to accommodate this. You can also ask for an Aboriginal cultural support worker to be present during any police process.
If you’re not happy with how police have treated you, you can contact the Law Enforcement Conduct Commission (LECC): 1800 651 203.
Making a complaint about police
If you feel you’ve been treated unfairly by police, you can make a complaint:
- LECC (Law Enforcement Conduct Commission) — 1800 651 203 — handles complaints about police conduct in Victoria
- VALS — 1800 641 072 — can help you make a complaint
Write down as much as you can about what happened — dates, times, names of officers, what was said. This helps with complaints.
Key numbers
- 1800 641 072 — VALS (free Aboriginal legal service, 24/7 for people in custody)
- 1800 651 203 — LECC (complaints about police)
- (03) 5032 1688 — Swan Hill CLC (free legal advice)