Police Sniffer dogs

[iamnotacop]

This is an awesome read. I didn't know where to actually post this, but if it is in the wrong place can a mod please remove it and accept my apologies.

 

Criminal Law - Drugs: Police Sniffer Dogs: Part 1

 

Author: LAC Lawyers

Publish Date: March 21, 2006

 

The dogs have been let loose recently. Numerous people have been charged generally involving small amounts of cannabis and MDMA (ecstasy) as a result of over active Labradors at pubs, parties and big days out. A client who recently contacted me was apprehended walking to a dance party in the Botanical Gardens. She had in her possession, 1 joint and 1 pill. The dogs detected her and she foolishly threw away a cigarette pack containing the joint in sight of the police. As the detective was taking her 1 pill and issuing her with a court attendance notice, he blithely noted that he hoped a friend could give her a pill inside the party. Such is the hypocritical operation of drug laws in New South Wales.

 

What are your rights when a member of the canine constabulary shows you particular attention? The police have no power at common law to search someone prior to arrest. If you are arrested, the police can and will search you and ask you to empty your pockets and go through your clothing. Most minor drug offences are not situations where arrest would normally be appropriate.

 

Legislation gives the police power to 'stop search and detain' if they form a reasonable suspicion that you have committed a drug possession offence. A 'reasonable suspicion' involves less than a belief but more than a possibility. There must be some factual basis for the suspicion; reasonable suspicion is not arbitrary.

 

For minor drug offences the issue is what is a reasonable suspicion and how do the police get their hands lawfully into your pockets. Drug detector dogs are a relatively recent phenomenon on the streets of Sydney and for the police a very useful investigatory tool. A recent Supreme Court decision noted Rocky's (the drug detector dog) 'nostrils will flare and he will start to sniff rapidly and he will follow the source of the scent until he has found it.'

 

To what extent can the police rely on an agitated Labrador trained in drug detection to justify a search? The matter was considered by the supreme Court of NSW in 2004 in Darby's case. The Supreme Court cast doubt on the legitimacy of the use of police dogs to routinely justify searches. The court also pointed out that having an agitated Labrador jump all over you could constitute an assault and an illegal search. The court nevertheless did not state that drug dogs cannot assist a police officer in forming a reasonable belief that an offence has been committed.

 

Criminal Law - Drugs: Police Sniffer Dogs: Part 2

 

Author: LAC Lawyers

Publish Date: March 21, 2006

 

On 22 February 2002, the NSW Parliament enacted the Police Power (Drug Detection Dogs) Act (The Drug Dog Act). The Drug Dog Act continues to allow police to use drug dogs to search an individual once they have formed a reasonable suspicion that an offence has been committed. The Act also gives police wide powers to enter venues and screen persons for drugs with the aid of drug dogs.

 

The Act provides the police with the power to enter premises and undertake 'general drug detection'. The police may enter without a warrant any licensed premises, a sporting event, concert or artistic performance, dance part, parade and public transport facilities with a drug detector dog. The definition includes persons seeking to enter or leave any of the above. Accordingly on the train, at the pub and at the footy, the police can put the dogs over you while you are entering and leaving. Any drug detection work conducted by the police outside of this very wide definition requires a warrant.

 

The issue of what will form a reasonable suspicion is still left to the courts and the Drug Dog Act does not empower the police to arbitrarily search persons. The Act gets the police into venues and gives them the opportunity to screen people. The reaction of a drug dog alone likely does not amount to a reasonable suspicion. The police are told not to rely solely on the reaction of the drug detection dog and observe very closely the reaction of the person subject to screening. If a person bolts, starts walking the other way or discards a cigarette package when detection dog's nostrils flare in their direction this can empower a police officer to search and detain the individual.

 

A word of warning! You have rights and the law does provide you with some protection but you should not argue with police. It is an offence to tell a police officer to get f...ked, hinder a police officer and assault a police officer. Police routinely arrest persons for these offences. Be cooperative, do not say anything other than your name and your address and get legal advice if you are charged. There is a time and a place to challenge the police and this is at court with your lawyer. The courts will exclude evidence illegally obtained and the prosecution will fail as a result.

 

Most importantly stay calm. What will give you away is your behaviour. It is likely that you are not the only person at the big day out who has the smell of cannabis on their clothing. The police will generally not search and detain someone unless they give them some real reason to do so. Do not make it hard on yourself, so stay calm if and when approached and ask are you being arrested; if yes call us!

 

-----------------------------------

Credit where credit is due.

 

http://www.laclawyers.com.au/web/article_3395.htm

http://www.laclawyers.com.au/web/article_3397.htm

 

Contact Details for these guys

http://www.laclawyers.com.au/web/contact.asp

 

I for one will be contacting these dudes if I ever decide to grow or consume Cannabis.

 

 

Has anyone been searched by a dog, or know of anyone else who has been searched. I read the other day that here in Tasmania, we imported 4 labradoor mutts that have been trained as sniffer dogs. The pigs here will decide which two of the four will be the best to keep and send the other two back. They are going to use them at the Spirit of Tasmania terminals, airports and also for normal drug raids.

 

This was a great article to read. Knowledge is power!!

[Reverend]

If anyone has had good representation in other states, would be a good idea to have a sticky somewhere.

[mullray]

This ones easy. You know that white powder that accumulates around your car battery terminals??? Scrape the shit off, save it and bag it. When one of these dogs comes near you drop the powder on the ground around you and watch. The dog will never smell again, the police have just lost a narc and a lot of money in training the mutt. I hate to hurt an animal but.......

[pipeman]

I believe Rusty Harris successfully challenged a sniffer dog search where they found 2 oz on him. If you search the web you may find some info on it, I tried a quick search and could only find outdated websites...

[freddys260]

About 3 months ago when I was the other side of Melbourne I finally got a smoke and had to travel on the train to get it. Getting off at Ringwood station on the way hone a lovely Labrador came up to me so I gave him a big pat, I was happy I had a smoke..

 

Next thing some bloke grabs me by the arm and drags me aside and asks if I have any drugs. Labrador didnt look so bloody patable by now. I showed the cop my head and my gulf war card and told him to take me to gaol cause at least I will get 3 feeds because I was living in a hovel. You can imagine the look I had on my face, it had taken mths to get a smoke. I told him that it really helps me with the headaches and I only started smoking pot for this reason and about my military career and I I got brain cancer.

 

He put it back in my pocket and let me go home!

 

There are some nice ones.

[Pam]

Whew, you got lucky Freddy. Damn close call! I had cops tell me that they KNEW I needed it for medicine, and they still took my plants and all my stuff!

Crazy world....Hope you've been feelin better since you finally got some!

[nouseforaname]

hey,

A few years back while waiting for a bus at train bus terminal, was smoking a joint and seen a nice lab and his blue overalled leader beside about twenty meters away.. Threw the joint away before they were anywhere near.. but the smoke was lingering.. dog went straight to me... cop asks if i had anything the dog might be reacting to.. so i threw a empty pack of smokes on ground to which the dog went buzerk for... Told him it had a joint in there that morning and how smart his dog was.. Which made the cops chest stick out tell me to be more careful? Then the dog got a pat on head and went on didnt even make it ten meters and another guy smoking joint.. but he never seen it coming still think he got off with caution thou.. If you do have to take things on the public tranport system make sure its vac sealed then sprayed with deoderant then vacsealed... Then as said above hold ya head high walk cool and calm like you dont have that bong cone piece and a qp on ya

[iamnotacop]

I believe Rusty Harris successfully challenged a sniffer dog search where they found 2 oz on him.

 

I didn't find much on the actuall court cases (23 of them), but what I read the judge threw it out cause it was just wasting time.

 

I did find this though, which I liked.

 

THE RASTA WHOSE BALLS WERE SNIFFED

By Bongo Paterson

 

A sniffer dog from Sydney town was unleashed on Byron Bay,

She wandered in the streets and parks, she searched about all day

She snuffled here, and snuffled there, but no drugs were found to sniff,

Until at last, in Railway Park, that dog she copped a whiff.

"Ere, get away, ya nasty mutt', a Rasta was heard to shriek,

That bloody dog just stuck her snout right where I take a leak'.

 

The copper with the pooch was brash, as young coppers mostly are

He wore a badge of shiny steel, and carried a truncheon bar,

A humourless galoot, he said: "Respect my authority..'

I don't give a damn, Rastafarian, if my dog sniffed where you pee.

You're carrying dope, you renegade, a joint rolled up with grass.

And so I'm gunna nick you; now get up off your ass'.

 

There were some slightly stoned young chaps, sitting in the park

Their eyes were dull, their roaches stubbed, their brains had lost somes park

At them the copper gave a sneer, twisting up his cold, cruel mouth,

"You're just a bunch of useless stoners, said the walloper from down south

I'll make a show of your ganga mate, for the carrying of his weed.

When next you see this druggo fiend, it'll be "guilty' that he'll plead'.

 

 

A groan was all the reply he got, as he carted poor Rasta off,

to charge him with a drug offence, for the carrying of his pot.

Yeah, that copper with the dog was chuffed, and paused awhile to gloat

"You're lucky she only sniffed your balls, and didn't rip your throat.

You dirty rotten bastards, smoking weed as if it's right,

It's time you all got sent to jail, 'twould give you all a fright'.

 

Rasta gave a wild up-country yell that might wake the straights to hear,

And though the copper had him tightly cuffed, that Rasta showed no fear

He struggled gamely at his bonds, and faced the callous cop

"Your dog's invaded my personal space, by Jah I'll make you stop

parading here with a druggo pooch, in your uniform of fear

Causing trouble for those with hooch; not those all filled with beer.'

 

He challenged the search in a court of law, and by the 23rd bout,

The magistrate, he could bear no more, and threw the charge right out.

After four long years of pot-laced farce, each hearing a protest gathering

The beak had simply had enough; led from the bench still blathering,

about tribal drums, the constant beat, he was haunted by all who spliffed,

Crying "Justice! Bloody Justice," for a Rasta whose balls were sniffed

 

They gathered again in that Byron park, on the day the Rasta won,

He galloped his horse straight from the court; shouting "Justice has been done'

Passing round the reefers, he cried: "The law's been proved a joke,

It was the druggy dog which broke the rule set up for those who toke.

Yeah, there were photos in the papers, and he made TV that night,

For all Aussies love a battler, with the guts and pride to fight.

 

And now around the parks and streets, in weed-filled Byron town,

all tokers reminisce about when the bastards were worn down.

"Them coppers with their druggo dogs are nowhere to be seen,

Since they sniffed the Rasta's family jewels, and put him before the Queen.

And whether it'll ever change the law, there's one thing to remark,

that hand-rolled spliffs were glowing that night, throughout the Byron park.

 

http://www.nimbinaustralia.com/rusty/

[peakingman]

great thread champ!