A Federal Court has ruled that Victoria Police's extended stop-and-search declaration was unlawful and invalid, striking down powers that allowed officers to search people without reasonable suspicion in designated areas.
The ruling, reported by the ABC, represents a significant victory for civil liberties advocates who argued the powers violated fundamental rights to move freely without arbitrary detention.
The court found that Victoria Police had overstepped its authority when extending "designated area" declarations that granted officers sweeping search powers. These declarations had allowed police to stop and search individuals in specific zones without needing to demonstrate reasonable grounds for suspicion.
Mate, this is how civil liberties erode - not through dramatic crackdowns, but through incremental expansions of police power that go unchallenged until someone drags them to court.
The designated area powers were introduced as part of Victoria's response to knife crime and gang violence. Police argued they needed expanded search capabilities to prevent serious crimes before they occurred. In practice, critics said, the powers led to discriminatory policing that disproportionately targeted young people and minorities.
The Federal Court's decision doesn't eliminate designated area powers entirely - it specifically found that Victoria Police had exceeded its legal authority in how it implemented and extended them. The ruling suggests police may need to meet stricter criteria or obtain proper authorization before declaring areas subject to enhanced search powers.
Civil liberties groups have long argued that stop-and-search powers without reasonable suspicion undermine the presumption of innocence and create a two-tier system where certain communities face routine searches while others don't.
The tension between public safety and individual rights sits at the heart of this debate. Police point to weapons seized and crimes prevented. Civil liberties advocates counter that effective policing doesn't require abandoning the requirement for reasonable suspicion.
International evidence on stop-and-search effectiveness remains mixed. New York City scaled back its "stop and frisk" program after finding it ineffective and discriminatory. London continues to grapple with similar controversies around Section 60 searches.
The ruling comes amid broader debates about police powers in Australia. NSW maintains similar designated area provisions. Queensland and Western Australia have their own versions. Today's decision may influence how other states implement comparable powers.
Victoria Police will need to reassess how it uses designated area declarations moving forward. The court's reasoning suggests a more rigorous process for justifying and authorizing enhanced search powers.
For now, Australia's courts just reminded police that even in the name of public safety, there are limits to how far authorities can expand their powers without proper legal foundation. That's a principle worth defending.
