Know Your Rights: Police Powers During Mardi Gras

With Sydney’s Gay and Lesbian Mardi Gras kicking off this weekend it’s fair to expect a significant police presence, including sniffer dogs and drug operations across the city.

To help the LGBTQIA+ community understand their legal rights, we spoke with two leading legal experts.

Katie Green, CEO of the Inner City Legal Centre (ICLC), and Nicholas Stewart, Partner at Dowson Turco, Australia’s only out, loud, and proud LGBTQIA+ law firm spoke with the Star Observer.

Katie and Nicholas provided their advice on your rights if questioned by police during this weekends celebrations.

What are your rights if police stop you?

Katie Green (ICLC): “If police stop you because they reasonably suspect that you may be in possession of an illegal drug, you have the right to film the interaction if you feel confident enough to do so! You can also ask for the name and station of the police officer and for the reason that they are stopping you.

An indication by a drug dog alone is not enough for police to determine a person should be searched, police also need to form their own opinion.

We know that drug dog indications are wrong about 50% of the time.

In our experience of many years of monitoring Police Drug Operations at the Mardi Gras party, police may ask questions like “have you used drugs before” or “you look nervous, why is that?” Questions like this may be used to form the basis of ‘reasonable suspicion.'”

Nicholas Stewart (Dowson Turco): “The first thing is, always be polite. Try not to get into any kind of conversations with police. Just follow directions. You always should give your name and ID if they ask for it, and if they give you a move-on direction, follow the direction. In other words, if they ask you to move from a place, you should move to the place that they direct you.

But things can get more serious if police actually say that you’re under arrest, and if you are under arrest, then you’ve got the right to silence. That’s the most important thing that I tell people: it’s not your obligation to help police investigate a crime. If they have made an allegation against you or they suspect that you’ve committed a wrong—such as drug possession or supply—you’re under no obligation to provide them with information or cooperate.

There are new powers for police to request your passcode to your phone. Sometimes, if you refuse, we’ve seen police officers take people’s phones and just hold the phone up to their faces to unlock it. From a criminal law perspective, police really should have a warrant before they search your property. Yes, they can compel you to give the passcode, but only if they have a warrant—not just in the circumstances of an arrest. I advise people to turn off Face ID while partying to protect their personal information.”

What should you expect if police want to strip search you?

Katie Green (ICLC): “If police decide you will be searched, you are able to say that you do not consent to the search. However, if a person resists a search, this can lead to other charges, including hindering a police operation. People who are trans or gender-diverse have the right to ask to be searched by a person who is of the same gender identity.

You can also ask for police to film the interaction, and you can ask to film the interaction yourself, which may be useful when seeking legal advice down the track. Police cannot search genital cavities and cannot ask for you to remove tampons or to ‘squat and cough.’ However, they can ask you to open your mouth and search your hair.”

Nicholas Stewart (Dowson Turco): “Strip searching is meant to be an exceptional kind of search. It’s not something that police should just do as a matter of routine. The circumstances have to be urgent and almost extraordinary for a strip search.

If a strip search is requested, then the best thing for someone to do is to say that they don’t consent to the search—even if they are going to comply. It’s really important to say, ‘I’m not consenting to this,’ and police will be wearing body-worn cameras, so it’s crucial that it is recorded.

Strip searches must be conducted by an officer of the same sex as you. For trans, non-binary, and intersex people, I recommend requesting an officer of the gender they feel most comfortable with. While humiliating, it is important for psychological protection. Police conducting searches at events like the Mardi Gras after-party should be trained in who they are dealing with.”

Are some groups at higher risk of police attention?

Katie Green (ICLC): “In recent years, we have seen large police drug operations at the Mardi Gras party and Sydney World Pride, so just by attending, you may be subject to some sort of police attention.

We observed almost all patrons passing through the turnstiles at Mardi Gras 2024 being subjected to inspection by a sniffer dog and many hundreds more being questioned.

We know that trans people, young people, and people who have experienced sexual assault can find police searches particularly upsetting.”

Nicholas Stewart (Dowson Turco): “At the after-party, we’re all kind of targeted. The people who get pulled over for drug searches are those who the police dog sits down next to, which in itself is legally questionable.

Police also tend to focus on people who appear anxious—those looking around, turning away when they see police, or having dilated pupils. If they approach and start questioning you, their perception of your nervousness can escalate the situation. It’s best not to be too intoxicated when lining up for entry, as it may affect how you act.”

What should you do if police find drugs on you?

Katie Green (ICLC): “If the amount of drugs found is for personal use only and not a large amount, police have the option under the Early Drug Detection Initiative to issue you with a fine instead of a Court Attendance Notice. This has been in place since February 2024. Some people prefer this option as it does not result in a finding of guilt or a criminal conviction.

If you or your friends are caught with drugs this weekend, it may be worthwhile letting the police know if you would prefer to receive a fine than go to court. That said, as lawyers, we strongly recommend you call the ICLC for legal advice, whether you receive a fine or a Court Attendance Notice!”

What should you do if you witness police misconduct?

Nicholas Stewart (Dowson Turco): “You have the right to film police misconduct. Make sure you do not obstruct police while filming—use zoom to keep a safe distance.

Ensure that police can see that they are being recorded, as this can deter misconduct. Then, reach out to me or someone on my team next week with the footage. We can either handle it ourselves or refer it to our friends at the ICLC to take further action.”