We all know drugs are illegal and can cause significant harm but did you know simply having more than a certain amount in your possession could mean you face up to 25 years or even life in imprisonment?
As a barrister, I have represented hundreds of people for offences involving drugs. The majority of those arrested have no knowledge of the law or their legal rights and so they often act in ways that can lead to more serious charges.
Drugs are illegal. The law sets certain categories and the more drugs you have on you, the greater the penalties.
If you have more than the trafficable amount then the law assumes you have these in your possession for the purpose of supply. That is, if you have more than .75 grams of Ecstasy (typically three pills), 30 grams of GHB (about 30mls/12 small fish) or three grams of speed, coke or ice, you are deemed to be supplying.
Supply means giving drugs to others, regardless of whether you get paid or receive anything in return. ‘Offering’ or ‘agreeing’ to give drugs to others whether or not they are provided and introducing people or arranging a meeting can also get you into trouble.
If police ‘reasonably suspect’ you may be in possession of drugs, they have the power to search you. Officers can ask you to remove outer layers of clothing, empty your pockets and open your mouth. There are strict rules governing any search that is more intrusive. The police can also conduct a search for general drug detection by using sniffer dogs.
Before searching you, the police will generally ask whether you consent (agree) to being searched. You should think carefully before consenting to a search because, if you do, this removes the requirement for the officer to hold a ‘reasonable suspicion’.
If you do not consent, you should state clearly and calmly that you do not agree to be searched and ask for it to be written down before complying with the officer’s directions.
If the police arrest you or a friend, it is very important that you do not answer any questions or say anything to the police before speaking to a lawyer.
At arrest, you will need to provide adequate details for identification purposes and you will be permitted to call a friend and/or lawyer. In most situations the police will release you on bail until your court appearance, otherwise you will be kept in custody and taken to the closest court the next morning.
If you can’t contact or afford a lawyer, a Legal Aid solicitor will be provided.
(This is general advice only and you are encouraged to seek independent legal advice.)
By LOUISE JARDIM
INFO: Louise Jardim is a Sydney barrister.
David,
Police using sniffer dogs are trained to carefully observe people’s behaviour and will often use this behaviour to constitute reasonable suspicion. Typical behaviour includes walking away, looking at the dog/police and taking items out of pockets.
As a general rule what you described would not be a permissible search. At the very least, the police are required to conduct the search in a way that provides reasonable privacy and as quickly as possible. The search must be done by someone of the same sex and must not take place during questioning. Consent is an important factor but each situation will be different.
Your friend can make a complaint to the Ombudsman (see their website for details) and it will be investigated.
Kate,
Officers carry an official police notebook. If you choose not to consent, ask them to record that refusal in the notebook before complying with their directions.
Mr Nice,
Customs is governed by Commonwealth Law rather than State Law so no it is not the same situation.
Louise Jardim
(This is general advice only)
Do the same laws apply when going through customs?
What do you mean if you do not consent to a search, you should ask for “it” be written down before complying with the officer’s directions?
Great article.
Can you offer any further advice regarding this. A friend of mine was searched on Saturday night, he is a personal trainer and does not take drugs, yet the police said that the sniffer dog alerted them to him. They then made him pull his trousers down (on Oxford Street) and proceeded to grab around his testicles and such like.
They were extremely aggressive and rude.
It is clear that the Police have forgotten that they are here to serve and protect the public, not intimidate and harrass.