Can police legally strip-search you while at a music festival? If drugs are found, does that mean the search was lawful? These questions have become highly relevant recently as strip searches at festivals have attracted legal ramifications. Historically, festivals have been a hotspot for police drug operations. With courts finding many searches unlawful, understanding how these laws work is imperative.
What is a strip search?
A strip search is not the same as a pat-down or a bag search. It generally involves:
- Removal of some or all clothing.
- Visual inspection of the body.
- No physical contact throughout the search.
When can police strip-search someone at a festival?
The law requires strip searches to be utilised as a last resort, not as a regular policing tool. Police cannot just strip-search you because you are at a festival. They must have a reasonable suspicion that you are:
- Carrying drugs or any other prohibited item, or
- The strip search is necessary.
As per s. 31(b) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), strip searches can only be carried out when a police officer has reasonable suspicion that a strip search is required for the search’s objectives and that the urgency of the situation warrants it.
What if no drugs were found?
If nothing were found, you would be released following the search. However, you may still experience humiliation, trauma and long-term distrust for the police. A high proportion of strip-searches in NSW do not result in finding any illicit substances. Following this, if improper conduct was used, you may successfully take legal action.
What happens if drugs are found illegally?
If the search itself was conducted improperly or unlawfully, the evidence found can be challenged. The courts will consider:
- Whether the police had reasonable suspicion.
- Whether a less invasive search would have been sufficient.
- Whether proper protocol was followed.
If police fail to adhere to strict rules during a strip search, evidence may be excluded. This protects individuals from unreasonable searches. Finding drugs does not justify the search after the fact. Where a strip search is found to be unlawful, the court may exclude any evidence of drugs found in your possession as a result of that search, which may lead to the charge being dismissed.
Additionally, you may be able to take action against the police for an unlawful search. Individuals have received compensation for trauma, humiliation, and invasion of privacy brought on by illegal festival strip searches, according to recent cases in NSW.
What happens if drugs are found legally?
If drugs are found following a legal strip search, police may charge the person with possession under Section 10 of the Drug Misuse and Trafficking Act 1985. Alternatively, you may receive an infringement notice.
You can find out more about the penalties for drug possession in NSW here.
Additionally, our criminal lawyers are experts at obtaining section 10 dismissals, meaning our clients have no criminal record. Find out more here.
Should I contest an infringement notice?
However, it is essential to note that some people receive infringement notices following an unlawful strip search and choose not to contest them. Some reasons people choose not to go to court include:
- Avoiding a criminal record: Paying the infringement notice resolves the matter without any criminal conviction.
- Time and complexity: Contesting an infringement notice can be time-consuming and stressful.
- Risk vs reward: For some, paying the fine is the safer option. Challenging the notice could backfire.
Recent legal developments
In 2025, a major NSW drug summit report recommended getting rid of strip searches at festivals. This occurred following a class action in 2025, confirming the unjust use of police powers in relation to strip searching at festivals.
Contact us now if you believe you have been wrongly strip-searched.
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