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Judge reverses drug dismissal

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A JUDGE has overturned a magistrate's decision to dismiss drug possession charges against a man who was detected carrying drugs by a police sniffer dog.

 

Local Court Magistrate Mary Jerram dismissed the charges after deciding Rocky the dog had conducted an illegal search when it detected the odour of drugs from 21-year-old Glen Darby's trouser pocket outside a Sydney nightclub in February last year.

 

Mr Darby was arrested and charged with two counts of drug possession after police searched him and found he was carrying methylamphetamine and cannabis leaf.

 

The Director of Public Prosecutions appealed the magistrate's ruling, with NSW Supreme Court Justice Barry O'Keefe today finding the magistrate had erred in law.

 

He said Rocky's actions in sniffing at Mr Darby's trouser pocket were not illegal and did not render the police search of him illegal.

 

http://www.news.com.au/common/story_page/0...55E1702,00.html

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