VIC Can the police open my front door without my consent....

[Mollis]

Good evening all....

I have had the police visit my house a couple of times over the past couple of days for reasons unknown at this point. This evening I was out when then attended my property at around 8.30pm.

My daughter was home alone and I had a call from her in tears as the police had banged so hard on the front door, lounge windows and her bedroom window that she thought they were going to put the glass through. They announced themselves as police, however, my daughter has an anxiety disorder and she would and never will answer the door, especially when she is home alone.

The reason she was so shook up was not just because of the aggressive nature of the banging but, one of the officers opened the front door and shouted into the house. She wasn't sure whether they entered the house or not as she was in her bedroom petrified.

I have called the station and explained the situation and the Sargent was very laid back about the whole affair and stated that he has absolutely no issues with the officers opening the door to see if anyone was home.

Am I missing something.....? My understanding was that as with anyone, they have the right to approach your front door but are not permitted to gain access unless they have a warrant or have been invited in.

I am waiting for a call back on the matter but in the meantime would be grateful if someone could help clarify things for me. Are they really allowed to open the door without my or anyone else's consent...?

There was no TV on, no music and apart from lights on there was no sign of life at the property.

Thanks so much in advance.

 

[Atticus]

I have had the police visit my house a couple of times over the past couple of days for reasons unknown at this point...... Are they really allowed to open the door without my or anyone else's consent...?

Kinda going to depend on why they are there... Maybe call them & see what they want first.

 

[Mollis]

Kinda going to depend on why they are there... Maybe call them & see what they want first.

I called and they said they wanted to speak to me in relation to a potential breach of CHO. Not there to arrest me.

 

[Rod]

Unfortunately our rights are limited in general, even more so when a state of emergency has been announced.

It is probable the police did nothing wrong in following up a COVID contact.

 

[Mollis]

Not sure how the state of emergency changes an individuals rights in this example....? The emergency powers don't allow unathorised entry to a persons private residence does it....?

I'm not sure what you mean by a 'covid contact' and haven't had any communications with regards to what it is they want.

 

[Atticus]

I called and they said they wanted to speak to me in relation to a potential breach of CHO

If a member of the household is supposed to be self isolating they could be visiting to check they are doing so.... or, they could be following up a report that there has been activity at the address that may be in breach of the current health order .... until further discussion with them you won't know.

Not sure how the state of emergency changes an individuals rights in this example....? The emergency powers don't allow unathorised entry to a persons private residence does it....?

187 Restriction on entry to residential premises
(1)This section applies in respect of the exercise of a power conferred on any person by a provision of this Act to enter any residential premises without a warrant.
(2)The power to enter can only be exercised to enter that part of the residential premises to which entry is necessary for the purposes for which the power is conferred

SOURCE >>>Public Health and wellbeing act 20008

Based only on what you have described, I agree with the officer that there is no issue regarding the behavior of the attending officers.

 

[Mollis]

Thanks for your response but I should clarify that this has nothing to do with with Covid or isolation/quarantine. I have now spoken with the police again and have clarified on why they were wanting to speak to me. They were wanting to ask me questions in relation a social media post that implied I may have been outside of my 5km zone.
This is not something covered by the Public Health Act and as they were merely wanting to question me and surely as such normal rules would apply I believe..?

Police officers may only enter your property without a warrant when:

• you agree to let the police officer in
• the police officer has a reasonable belief that someone will commit or has
committed a serious offence, and the police officer needs to go into the property to
arrest that person
• the police officer needs to stop a breach of peace, for example, a fight
• someone inside the property has breached an intervention order or a family violence
safety notice
• someone has not followed a direction given by the police for a family
violence matter
• the police officer has a reasonable belief that someone has assaulted or threatened
to assault a family member
• the police officer is chasing someone who has escaped from prison or custody

The remit of the public health act is clear and surely doesn't allow this.

 

[Rod]

hey were wanting to ask me questions in relation a social media post that implied I may have been outside of my 5km zone.

Then their query is related to COVID.

The information you quoted refers to normal policing powers, and yes, the emergency powers permit greater latitude by police they don't normally have.

PERSONAL OPINION

That is why there is disquiet about Australia not having a bill of rights. Our shrinking freedoms exist because the Government hasn't yet removed them. Since the 'war on terror' and the emergence of the internet, Australian Governments are clamping our freedoms and targeting journalists and the press at increasing rates for 'national security' reasons.

Not really different to the war on drugs started by Nixon, and accelerated by political parties of both persuasions in Australia. Fear of criminals has been replaced by fear of terrorists, when the real threat to our individual safety is from our own government/s.

 

[Mollis]

Thanks again for your responses. I'm absolutely blown away that we are no longer safe in our own houses from the long arm of the law.

Hardly helps encourage a supportive spirit from the public.

Cheers

 

[sammy01]

The police opened a door, callout out, when there was no answer they left?
Not exactly the long arm of the law encroaching on your civil liberties...