Dogs sniff out illegal drugs

[grace]

A trio of drug-detection dogs sniffed out LSD, ecstasy tablets, amphetamines, heroin, cocaine and cannabis across South Australia over the past 12 months, the state government says.

 

The three Passive Alert Drug Detection (PADD) dogs were deployed more than 200 times across the state over the past financial year, patrolling music and sports events as well as key locations including Adelaide's nightclub district and bus and railway stations.

 

If the dogs detect drugs, their handlers have the power to conduct a search.

 

They were introduced in SA in 2008 after changes to drug laws.

 

Police Minister Michael Wright said the work done by the dogs had resulted in almost 350 reports for drug offences.

 

"These passive alert drug dogs and their handlers have clearly been working hard," the minister said in a statement on Thursday.

 

"They've made a significant dent in the drugs trade on our streets."

 

Drugs located by the dogs included 540 ecstasy tablets, eight LSD tablets, 7.3 kilograms of cannabis, 62 grams of amphetamine, three grams of ketamine, 38 grams of cocaine, six grams of heroin and 28 tablets of dexamphetamine.

 

Mr Wright said the dogs also served as an effective visual deterrent to any would-be drug users and dealers.

 

Date: 19 August 2010

Source: smh.com.au

http://news.smh.com.au/breaking-news-natio...0819-12m3n.html

[resinate]

I'm actually in the process of writing a letter to the commissioner in regards to the way drug detection dogs "detect". I was wrongfully searched after a so called "drug detection dog" supposedly showed signs that I was in possession of an illicit substance. After a full search there was nothing found and I was allowed to go on my merry way.

 

What annoyed me the most about this was the fact that I hadn't been in contact with ANY illicit substances and IMO I believe the handlers use lead commands on the dogs to warrant a search. Anyways there everywhere these days at most music festivals in Adelaide and its a real pain in the ass!!

[morphine34]

Nice to see our tax dollars hard at work!

[Fibrofeend]

These passive alert drug dogs and their handlers have clearly been working hard," the minister said in a statement on Thursday.

 

"They've made a significant dent in the drugs trade on our streets."

 

Drugs located by the dogs included 540 ecstasy tablets, eight LSD tablets, 7.3 kilograms of cannabis, 62 grams of amphetamine, three grams of ketamine, 38 grams of cocaine, six grams of heroin and 28 tablets of dexamphetamine.

 

 

Yes Minister , A HUGE MASSIVE FUCKEN DENT, wow SA must be dry now, vic will be beating them off at the border..

More like a drop in the ocean, not even noticed, more of an inconvience and a violation of the people searched.

[headstone]

Drugs located by the dogs included 540 ecstasy tablets, eight LSD tablets, 7.3 kilograms of cannabis, 62 grams of amphetamine, three grams of ketamine, 38 grams of cocaine, six grams of heroin and 28 tablets of dexamphetamine.

 

While that would be a nice stash for a single person to have, in the grand scheme of things what they took off the street would be far less than a single minute worth of consumption on a state level

[snooch]

These passive alert drug dogs and their handlers have clearly been working hard," the minister said in a statement on Thursday.

 

"They've made a significant dent in the drugs trade on our streets."

 

Drugs located by the dogs included 540 ecstasy tablets, eight LSD tablets, 7.3 kilograms of cannabis, 62 grams of amphetamine, three grams of ketamine, 38 grams of cocaine, six grams of heroin and 28 tablets of dexamphetamine.

 

 

Yes Minister , A HUGE MASSIVE FUCKEN DENT, wow SA must be dry now, vic will be beating them off at the border..

More like a drop in the ocean, not even noticed, more of an inconvience and a violation of the people searched.

 

yeah, all it really did was raise revenue to pay the double time/overtime for the cops to be out late at night or on weekends busting ravers going to BDO or partygoers on a night out. Does nothing to decrease demand for drugs at all, despite the usual political grandstanding.

[cybergenesis]

If they do a full search, what do they do?

 

Splash white powder over your clothes and tell the police its an insecticide that is highly toxic to dogs but not humans. Tell them that you regret to inform them, but that if the dog sniffs you, it will likely die. I'd pay $50 to see what happened if somebody did that

[Radic]

grace

please correct i if i'm wrong

 

a police dog is considered by law to be an extension of the police persons hand

if that dog sniffz your crutch in the street, or in public

you can charge them with sexual assault

 

irey guidance

[grace]

I'm actually in the process of writing a letter to the commissioner in regards to the way drug detection dogs "detect". I was wrongfully searched after a so called "drug detection dog" supposedly showed signs that I was in possession of an illicit substance. After a full search there was nothing found and I was allowed to go on my merry way.

 

What annoyed me the most about this was the fact that I hadn't been in contact with ANY illicit substances and IMO I believe the handlers use lead commands on the dogs to warrant a search. Anyways there everywhere these days at most music festivals in Adelaide and its a real pain in the ass!!

 

grace

please correct i if i'm wrong

 

a police dog is considered by law to be an extension of the police persons hand

if that dog sniffz your crutch in the street, or in public

you can charge them with sexual assault

 

irey guidance

 

I haven't spent much time researching this issue but found this journal article which might be useful.

 

The Status of Using Drug Detection Dogs in Australia

Author: Dan Meagher, School of Law, Deakin University

Source : 2009 Crim LJ 165

 

The legal status of the use of drug detection dogs is unclear in many parts of Australia. This article aims to outline the nature and scope of the powers available to police at common law and under statute that allow their use.

Drug_Detection_Dogs_LAWREP_033_CRIMLJ_JL_0165.PDF

[grace]

Sniffer Dogs in NSW - NSW Council on Civil Liberties

 

http://www.nswccl.org.au/issues/sniffer_dogs.php

 

On this page there are links to the following:

 

read about sniffer dogs in NSW and what YOU can do

make a complaint or report about sniffer dogs

how to complain or report to CCL

other organisations you can complain to

read about your rights

where can police use sniffer dogs?

what should I do if I'm approached by a sniffer dog?

where can I get legal advice?

find out how to get involved in CCL's campaign

read about Newtown saying 'NO' to sniffer dogs (10 June 2004)

read CCL's report: "Drug detection dog warrants issued at Newtown Local Court in 2004

legal notes for lawyers

read more articles and info about sniffer dogs

 

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

 

Ombudsman's Review of drug detection sniffer dogs in NSW

 

In September 2006, the NSW Ombudsman released his long-awaited report on drug detection sniffer dogs in NSW. The report is highly critical of the dogs as inefficient, discriminatory and ineffective. CCL welcomes the report and calls on the NSW government to remove the dogs from the streets, where they regularly violate the right of all citizens to be free from arbitrary search and detention. Read more...

 

Background

In February 2002 the Police Powers (Drug Detection Dogs) Act came into force in New South Wales. That Act allows police to use sniffer dogs to perform searches without a warrant on people at pubs, entertainment events and on public transport.

 

In 2004 the Ombudsman began a review of the Drug Detection Dogs Act. The Ombudsman will make a report to Parliament on how the dogs are being used and their impact on the community. The final report has been delayed and is due to be given to the Minister in February/March 2006.

 

Please note: the Drug Detection Dogs Act is no longer in force and has been replaced (see below).

 

You can read the Ombudsman's discussion paper. The discussion paper demonstrates that the dogs are a dismal failure:

 

73% of people identified by the dogs are not carrying drugs

most drugs detected are small amounts of cannabis

dogs are failing to detect drug dealers

 

Read CCL's submission to the Ombudsman's review. (size: 255k)

 

Read what CCL's president says about the discussion paper.

 

Legal note: the Police Powers (Drug Detection Dogs) Act is no longer in force. Click here for more information.

 

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

 

Make a complaint or report to CCL about sniffer dogs

 

You can send your complaint or report about sniffer dogs to CCL.

 

To make a complaint or report you can:

 

email your complaint to CCL at: office@nswccl.org.au

write a complaint to CCL at: NSWCCL, PO Box 201, Glebe NSW 2037

Please include these details in your report or complaint about sniffer dogs:

 

Name (optional)

Date, time & location (include postcode if known)

What happened before, during and after the time of the search?

What have been the impacts of the incident. Did you consent to the search?

Was any legal action taken against you?

 

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

 

Other organisations you can complain to:

you can also make a complaint directly to:

 

the NSW Ombudsman, phone: (02) 9268-1000 or 1800 451 524 (toll free)

read the Ombudsman's pamphlets:

Making a complaint to the Ombudsman

Young people with complaints about police

the NSW Police Local Area Commander in the area where you saw the dogs

the Police Integrity Commission, phone: 1800-657-079

your local member of State Parliament. Explain to him or her that you do not feel safer with the dogs on the street & that they have undermined your confidence in NSW police. Also point them to the Ombo's report on sniffer dogs, which says that the dogs get it wrong 3 out of 4 times. It is important that our politicians understand that the people of NSW do not want these dogs on the streets.

 

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

 

Know your legal rights

 

Where can police use sniffer dogs?

 

Police are only authorised to use drug sniffer dogs to search people randomly in three situations:

 

in pubs, clubs and other places where alcohol is served

at entertainment events, including sporting events, concerts, dance parties & street parades

on public transport and stations

 

Any drug search of a person outside these situations is illegal unless the police have a reasonable suspicion or a warrant.

 

If you have been appraached by a police sniffer dog team, or know of police using dogs outside these areas, you should complain or report it.

 

What should I do if I am approached by a sniffer dog?

 

If a dog sits down next you, then police can search you. It pays to know your rights so check out the following pointers.

 

Stay calm and be polite. You could be fined or arrested if you swear at the police, so don’t give them an excuse.

Be cooperative and let the police search you. But ask them why they are searching you. And ask them for their name, rank and station.

Try to remember where (location) and when (time of day) police search you. This info might be important if you decide to make a complaint.

If you have drugs on you….

The law says you must give your name and address to police, if the police discover drugs on you. But you don’t have to say anything more, if you don’t want to. This is your right to silence.

If you don’t have drugs on you…

If police ask for your name and address, ask them whether you have to. If police say you don’t, then don’t…because they will put that info on their database and might use it against you later. If police say you have to give your name & address, then it is better to cooperate and make a complaint later.

 

You can complain to the police, the Ombudsman, NSWCCL or a lawyer if the dog touches you or if the police are aggressive, rude or rough you up.

 

Where can I get legal advice?

You can get legal advice and support from:

 

your local community legal centre. Website: www.nswclc.org.au

NSW Legal Aid Commission. Phone: (02) 9219-5000

Law Access NSW. Phone: 1300-888-529

Legal Aid Hotline for under 18s: 1800-10-18-10

a private lawyer (contact the NSW Law Society, ph: (02) 9926-0333)

CCL might also be able to help find you a lawyer

 

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

 

Get involved

If you think you have been badly treated by police and their sniffer dogs, you should complain.

 

If you want to help with CCL's campaign you can:

 

write to or phone your local member of State Parliament

phone talkback radio

write letters to newspapers and other publications

download and distribute our posters:

A4 poster (size: 552K)

flyer (folded A4 sheet) (not yet available)

 

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

 

Newtown anti-sniffer dog protest

Ever since the introduction of police sniffer dogs, the Sydney communities of the Inner City and Inner West have been unfairly targeted by the police and their dogs. Commuters, residents and visitors to these communities are being harassed and searched by police on the say so of a dog!

 

The Newtown Peace Group and CCL organised a protest to let the police know that the residents of Newtown and surrounding suburbs have had enough! A rally was held on 10 June 2004. Speakers include Lee Rhiannon, Greens politician, and Cameron Murphy, President of NSW CCL.

 

More than 100 people attended the rally and then marched to the local library, where Sydney Lord Mayor Clover Moore was holding a public consultation meeting. The Lord Mayor spoke to a delegation from the anti-sniffer dog rally.

 

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

 

Drug detection dog warrants issued at Newtown Local Court in 2004

CCL has released a report on the operation of NSW Police drug detection dogs in Newtown. The report reviews the warrants issued by the Newtown Local Court to Newtown and Marrickville police. The warrants authorise the use of sniffer dogs in public places, for example along King St and Enmore Rd.

 

The major findings are that:

 

only 1 in 5 people identified by the dogs (and subsequently searched by police) is actually carrying prohibited drugs

the vast majority of positive drug detections are for small amounts of cannabis

Newtown police are targeting the local methadone clinic

Newtown police are targeting Newtown railway station because, according to police, "many commuters are found in possession of illegal drugs"

Marrickville police are requesting and obtaining warrants covering 5 entire inner-western suburbs

You can read CCL's report here.

 

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

 

legal notes (for lawyers)

On 1 December 2005, the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) came into force. It replaces the old Police Powers (Drug Detection Dogs) Act 2001 (NSW), which commenced on 22 February 2002. All drug detection dog matters after 1 December 2005 fall under the new Act. The provisions of the LEPAR Act are (for all intents and purposes) identical to the old Act.

 

If you are defending someone who has been detected by a dog, the first thing to do is determine whether police required a warrant. There are prescribed places where a dog can be used without a warrant: section 148 of the Act, and r 38 (train routes) and r 39 (bus routes) of the Regs.

 

If your client was searched outside of these areas, police need a warrant: section 149 of the Act. Make sure that there is a warrant and that it is valid. Any member of the public can inspect a warrant at the Local Court: reg 10(6)c of the Regs.

 

A report on the execution of the warrant must be furnished to the Local Court within 10 days of the execution of the warrant: section 74(2) of the Act. You can view the execution report, as well as the warrant: reg 10(6)© of the Regs.

 

Your attention is drawn to the following cases:

Darby v DPP (2004) 61 NSWLR 558; (2004) 150 A Crim R 314;[2004] NSWCA 431: see [131], in which majority suggest that assault & battery prior to dog identifying someone renders a search unlawful.

Harris v DPP (NSW District Court, 11 March 2005): applying Darby, search after a positive identification by a drug detection dog was unlawful, because dog assaulted the accused before dog identified him. Evidence obtained during unlawful search excluded under section 138 of Evidence Act.

R v Benecke [1999] NSWCCA 163, is a case about the reliability of tracker dogs. At [23] the court observed that:

In R v Barnes, Gleeson CJ considered appropriate and adequate a warning in relation to tracker dog evidence that the jury should bear in mind that the dog was not able to be cross-examined and that the jury should be careful to avoid over-estimating the reliability of the operation of a dog's senses so as to avoid too rapidly arriving at the conclusion contended for by the Crown from the evidence of the dog's activities.

It might be possible to argue that the same applies to drug detection dogs.

 

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

 

More information articles

Hit drug barons where it really hurts, by Steve Cannane from JJJ's Hack (SMH, 6 July 2004)

NSWCCL Policy

The cold nose of the law

The situation in 2004

Big Day Out 2004 & police sniffer dogs

Victoria is to introduce drug detection sniffer dogs

Sniffer Dog Warrants issued at Newtown Local Court in 2004

The situation in 2001

New South Wales will still use sniffer dogs

NSW sniffer dogs will continue to be used in drug searches: Premier Carr

Sniffer dogs being used unnecessarily

Dogs and drugs

Quotes from complainants

Who you can complain to

Articles by Timothy Moore, Redfern Legal Centre (2001)

The shaggy dog story

The cost of doggies

The harm associated with doggies