Sydney Man Charged With Possession Of Amyl After Sniffer Dog Detection

A Sydney man, 36, was charged by NSW Police with possession of Amyl after a sniffer dog detection.

According to the man’s lawyer, Jeremy Maspero, the incident happened at the Greenwood Hotel in April.  

Sniffer Dog Makes A Detection

“My client was in the line at the Greenwood Hotel waiting to get in, and the police turned up with sniffer dogs.  The dogs sniffed my client’s pocket and had a positive reaction,” Maspero told Star Observer.

When a sniffer dog makes a detection, meaning it has detected the scent of drugs in an area, it will sit down.

A Vial Containing Amyl Was Found

According to Maspero, the officers from North Shore Police Area Command asked if they could search his client and he compiled. 

During the search, they found a clear vial, which the man said was Amyl. 

“Apparently the police said ‘Okay, if it is, we still need to send it off and test it,” Maspero said.

NSW Police, in a statement to Star Observer, confirmed this, saying, “During a search, the man was found to be in possession of a bottle containing liquid. The item was seized and forensically examined and determined to be isobutyl nitrite, a prescribed restricted substance.”

Charged With Violation Of The Poisons and Therapeutic Goods Act

According to court documents, the man was charged with violation of the Poisons and Therapeutic Goods Act 1966, Section 16(1). It states, “A person shall not have in his or her possession or attempt to obtain possession of a prescribed restricted substance.”

The maximum penalty is a fine of $2,200, imprisonment for 6 months, or both.  The case will be heard at Manly Court in August.

In the meantime, Maspero said he will be asking NSW police to have the charge withdrawn.

“At this stage, I am planning on writing to the police to ask to have the charge withdrawn however that is unlikely,” he said.

“What I do find really frustrating is how, on one hand, it’s apparently illegal to possess amyl however the shops sell it, and they don’t just sell it, they sell it using false labels, i.e video head cleaner, shoe cleaner.”

What You Should Be Aware Of When Stopped 

The presence of sniffer dogs outside, and inside NSW pubs, clubs, and bars is nothing new. In February and March during the Sydney WorldPride festivities, there was a heavy police and sniffer dog presence.

At the time, Managing Principal Solicitor of the Inner City Legal Centre Katie Green shared what you should be aware of when approached and stopped by a sniffer dog.

According to Green, a sniffer dog showing a positive reaction alone is not grounds to justify a search. 

Police may ask if you have anything on you, or ask about what you are doing today. However, while you are not required to answer these questions, not answering could create ‘reasonable suspicion’ depending on the officer. You are able to ask “Am I free to leave?” 

“They may say ‘yes’ if a dog sat down and they can’t form reasonable suspicion,” Green said.

At the time of the search, you are able to say, “I do not consent, but I will comply.” This is for the police record. 

Speaking about what is involved in a search, Green explained, “An ordinary search involves going through the pockets of your jackets, the pockets of your pants, going through your bag.”