• 🇳🇿 🇲🇲 🇯🇵 🇨🇳 🇦🇺 🇦🇶 🇮🇳
    Australian & Asian
    Drug Discussion

    Welcome Guest!
    Posting Rules Bluelight Rules
  • AADD Moderators: swilow | Vagabond696

Warning to Users about car searches

Splatt

Splatt

Ex-Bluelighter
Joined
Sep 25, 2001
Messages
9,112
Just a reminder people that unless police have previous evidence or a tip off that they cannot search your car unless they see some type of drug or drug paraphernalia (or something else illegal) in plain view from the windows.

They will try to use tricks like saying they have a dog on the way, but that is 99.99% likely to be a lie unless there is an operation in that area at the time and they actually have the time and resources. They also try to use tricky words as a question, tricking you into conscenting to a search. For example instead of "May I search your car please sir/mam?" They will say "Have you got anything in the car like drugs or weapons?" You reply "No" Then they say, "Well I'll just start searching it then, okay?" Which you get object to on grounds of no probable suspicion of illegal evidence. Rejecting a car search is NOT probably suspicion for a police officer to start searching your car.

However, a police officer may pat you down by law, and if they feel something that isn't quite right in your pockets or legs, arms or taped to your body, or sticking up from your belt (like where some people could hide a knife near their crotch, where police cannot pat).. like a syringe, a weapon, or sometihng like that, they can ask you to show them what it is. However you cannot be searched for no reason other than this general weapon pat down.

I am writing this because my friend was tricked into a conscented search last night when pulled over (for not having his new rego sticker apparently), and they tricked him and started searching the car. One of the cops looked in the back of the car and found an uncapped syringe in the back of the drivers seat, she swore and then yelled that if she got pricked by it she would of risked being convicted by getting her husband to bash the fucking shit out of him. They continued searching the car and found probably about 500 or more syringes, most in black boxes, in the boot. Spoons and knifes, some with slight residue, empty baggies with slight speed residue, a bunch of empty G vials that were empty (which they just disposed of), and G measuring syringes. They also found intiially what they thought to be about an ounce or so of Ice, but he explained to them it was epsom salts and said they could taste it.. She didn't taste it and left the salts in the car. They also found a box of pseudo containing cold and flu pills in a different name but did not take those.

He is being charged in the local court with the following charges:

  • Possession of utensles used for dangerous drugs
  • Possession of a dangerous drug (the residue left in the baggie)
  • Improper storage of used syringes. (the uncapped one)

They arrested him and took him to the station (and apparently while searching his car after finding the first few things, they cuffed him very tightly and locked him in the back of the car with no windows down when it was very hot), and charged him, took his prints, pictures etc.. then recorded him with them aksing a few questions. He pretty much told them indirectly or maybe directly he has used speed before and they said that he will probably get another charge for Past Possession and Past Use as well, which I didn't think existed. BTW, This happened on the Gold Coast.


[Note: Please keep in this forum as Legal is post-moderated and has very little traffic of Australian members]
 
Last edited:
What if the driver or passengers in the car have been in trouble with the cops before for drugs, is that enough of a reason for them to do a car search?
 
Dave82 said:
What if the driver or passengers in the car have been in trouble with the cops before for drugs, is that enough of a reason for them to do a car search?
Click to expand...

I don't know about that one but I would sure like to know. I think it would have to be the owners car though. Because I don't think a cop has the right to search you if your friend was found with drugs.
 
SEARCHES - GENERAL PRINCIPLES

Legal Rights and Duties of the Police

The police have no general power to randomly stop and search people, or their homes. However, legislation exists that permits the police to search persons, places and vehicles when investigating crime. Such searches may occur either with or without a search warrant.

In certain circumstances the police can lawfully conduct searches on the spot without a warrant. Substantial penalties apply to persons who resist or obstruct a legitimate and lawful police search.

Types of Searches

Essentially, there are three types of police searches:

  • personal searches;
  • vehicle searches; and
  • premises searches.

Searches of Persons in Custody

Searches of persons lawfully detained in custody are the subject of separate rules. Persons in custody may be searched and re-searched as is necessary to locate, seize and retain items which may:

  • be evidence of the commission of an offence;
  • be used to facilitate escape; or
  • endanger anyone’s safety.

Whether or not the measures employed by the police during the search of a person in custody are reasonable will depend on the likelihood that the person may attempt to commit an offence, escape or endanger the safety of another, in all the circumstances of the case.


Unlawful Searches

In every case where an illegitimate search is being conducted, it is permissible for a person to use force to resist. Moreover, persons who suffer as a result of an illegitimate search may have a criminal action in assault, as well as a civil action in trespass, against the offending police officer(s).

One must always be very careful about resisting a search however, because the police have very wide search powers, and heavy penalties apply for obstructing a legitimate search.

POLICE POWERS OF ENTRY, INQUIRY AND INSPECTION

Entry and Search of Public Places

Police officers have general powers of entry, inquiry and inspection of public places. For example, an officer is permitted to enter any public place such as a nightclub, hotel, casino or show ground to:

  • serve a document, or
  • investigate an alleged offence, a missing person report, or a traffic incident report.

Entry and Search of Other Places

Police officers are also permitted to enter business offices, home garages and backyard areas for the above purposes. Upon entry, officers may stay in those places for a ‘reasonable time’. A reasonable time to stay at a place is determined according to the time that is necessary for the officer to perform the function with which he or she is involved. The police may not use excessive force to enter a place.

The general powers of entry held by the police do not permit officers to enter a private dwelling without an occupier’s consent. An officer is required to obtain a search warrant to enter a private dwelling, other than in the exceptional circumstances discussed below.

Entry and Search for Arrest

Police officers are empowered to enter and stay on a private dwelling or other place, including a vehicle, to arrest or detain a person. An officer may only enter and search a private dwelling for arrest if holding a reasonable suspicion that the person being pursued is at the dwelling. Upon entry, the officer has the power to search the place for that person.

Entry and Search to Enforce Licensing Laws

Police officers also have a broad-based power of entry and search to ensure compliance with statutory licensing rules (ie, licenced premises serving liquor, second-hand dealerships, weapons licensees). For example, a police officer may enter and inspect a hotel to monitor compliance with the Liquor Act, or a licensed brothel to enforce the provisions of the Prostitution Act 1999 (Qld).

SEARCHES UNDER WARRANT

Issue of Search Warrants for Places

Under the Police Powers and Responsibilities Act 2000 (Qld) the police may apply for a search warrant allowing them to enter and search a place (including a vehicle) to obtain evidence of the commission of any offence. To obtain a search warrant, the officer must be able to show reasonable grounds for suspecting that evidence of the commission of an offence is at the place or is likely to be taken to the place within the next 72 hours.

A Supreme Court judge must issue a search warrant if the search will cause structural damage to a building. A justice of the peace may issue a search warrant in most other circumstances.

Importantly, a person searched under a search warrant issued by an inappropriate judicial officer may be able to challenge the validity of the search, and the admissibility of any evidence seized.

SEARCHING PERSONS, VEHICLES AND PLACES WITHOUT A WARRANT

Searching Persons without a Warrant

The Police Powers and Responsibilities Act permits police officers to search persons without a warrant.

The authority of the police to search a person without a warrant is dependent upon the existence of a ‘prescribed circumstance’. If a police officer reasonably suspects that a ‘prescribed circumstance’ exists. The prescribed circumstances in which an officer may search a person without a warrant includes circumstances in which the person is reasonably suspected to be in possession of:

  • a weapon, knife or explosive;
  • an item which the person intends to use to cause harm to any person;
  • a dangerous drug;
  • stolen, illegally obtained or tainted property;
  • evidence of the commission of an offence punishable by a minimum of seven (7) years imprisonment, which the police officer reasonably suspects may be concealed or destroyed if a search is not conducted;
  • an implement of housebreaking, motor vehicle theft or drug use.

Searching Vehicles without a Warrant


An identical set of rules apply to police searches of vehicles without a search warrant. A police officer may stop and search a vehicle, together with anything in it, if any of the above ‘prescribed circumstances’ exist.

When searching a vehicle, the police are allowed to enter, re-enter and stay in the vehicle as often, and for as long, as is necessary to properly carry out their search. The police also have the power to move a vehicle to an appropriate place for a search, in particular if it is impracticable to search the vehicle where stopped.

Searching Public Places without a Warrant

It is legal for a police officer to enter and stay on a public place, without a search warrant and for a reasonable time. If the place is accessible to the public when open, but is presently closed, the police officer may only search the place with the consent of the occupier, or by way of a search warrant. A cinema is an example of such a place.

SEARCH AND SEIZURE UNDER THE DRUGS MISUSE ACT 1986 (QLD)

The Drugs Misuse Act 1986 (Qld), gives the police wide-ranging powers of search and seizure in respect of vehicles, persons and places which may contain evidence of drug offences. Police powers of search and seizure under the Drugs Misuse Act compliment those already discussed. Importantly, the Act provides for searches both with and without a search warrant.

Search of Persons without a Search Warrant

If a police officer reasonably suspects that a person is in possession of:

  • a dangerous drug;
  • evidence of a drug offence;
  • a chemical used, or a piece of property contaminated by a chemical used, in the manufacture of a dangerous drug; and/or
  • any property or funds associated with a drug offence

The officer may stop and search the person, together with anything in possession of the person. If it is not practicable for the officer to conduct a search of the person where stopped, the officer may take the person, together with anything in possession of the person, to another place to be searched.

Any evidence of a drug offence, and/or thing liable to forfeiture, may be seized.

Body Cavity Searches without a Search Warrant

A police officer of the rank of inspector or higher who suspects that a person has a dangerous drug hidden within a body cavity, has the power to require that person to submit to a body cavity search.

The search must be conducted by a person of the same sex as the person being searched, or a nominated medical practitioner and assistant. The search may be conducted using such force as is reasonably necessary. A machine, instrument or device may be used for the purpose of the search.

Searches of Places with a Search Warrant

A police officer may apply for a warrant authorising the search of a place in connection with a drug offence. A justice of the peace may issue the warrant if satisfied that the officer has reasonable grounds to suspect that a search of the place may reveal evidence of a drug offence.

Searches of Places without a Search Warrant

The police have wide powers of search and seizure in respect of private dwellings and business premises under the Drugs Misuse Act. An officer may enter a place and search without a search warrant, if the officer has a reasonable suspicion that either:

  • evidence of a drug offence; or
  • anything liable to forfeiture

is in the place, or in the possession of a person in, or about the place, and it will be concealed or destroyed unless the place is immediately entered and searched.

Searches of Vehicles without a Search Warrant

Similarly, a police officer may stop and search a vehicle, as well as anything in it, if the officer reasonably suspects that the vehicle contains:

  • evidence of a drug offence; or
  • anything liable to forfeiture.

STATUTORY SAFEGUARDS FOR SEARCHES

Safeguards for Personal Searches

The law requires that police officers do everything possible to protect the dignity and privacy of persons being searched. Accordingly, the police must take measures to:

ensure that the search causes minimal embarrassment to the person; and
restrict searches conducted in public to an examination of outer clothing.

Personal Searches involving the Removal of Clothing

A police officer may require a person to remove some or all of their clothing for the purpose of a lawful search. In such circumstances, the officer must inform the person that they will be required to remove their clothing and why the search is necessary, as well as asking the person for their co-operation.

Unless an immediate search is necessary, the officer conducting a search involving the removal of clothing must be the same sex as the person being searched, or a doctor. Moreover, such searches must be conducted in a way that provides reasonable privacy for the person being searched.

Finally, the search must be conducted as quickly as possible, with the person being allowed to dress as soon as the search in completed. No officer is permitted to make contact with the genital or anal areas of the person, but may make a visual inspection. If clothing is seized during the search, the person must be given appropriate clothing to wear.

Personal Searches near Video Cameras

If the area in which a person is being searched is monitored by a video camera, that camera must be turned off, or the search conducted out of view of the camera. The rule applies unless the person viewing the monitor is a police officer of the same sex as the person being searched.

Special Requirements for Searching Children & Impaired Persons

A “support person” must be present at the search of a child, or at the search of any person who may not understand the purpose of the search. A support person for a child is usually a parent or guardian of the child, or a lawyer acting for the child. However, a police officer may conduct a search of a child or intellectually impaired person without a support person given a reasonable suspicion that to delay the search would endanger the safety of a person, or result is evidence being lost, concealed or destroyed.

Safeguards for Vehicle Searches

A police officer has the power to move a vehicle to any place for the purpose of a search. However, before moving a vehicle, the officer must consider whether the search will be more effective at the other place. The person from whom the vehicle was seized has a right to be told where the vehicle is to be taken, and to be present during the search.

Obstructing Searches of Persons or Vehicles

It is an offence to obstruct a lawful police search, or to fail to comply with a lawful police direction. A police officer must warn any person who does so. The person should then be given a reasonable opportunity to comply with the warning. After this point, the police officer may use force to overcome the person.

Importantly, an attempt to conceal, destroy or dispose of evidence of an offence to which a search relates falls within the meaning of “obstructing a police search”. This does not mean however, that a suspect must positively help police during a search by locating items, or answering questions, etc.
Click to expand...

Ryan & Bosscher Lawyers - Brisbane.
 
I bags not having machinery search my anus, or anyone for that matter
 
Splatt said:
I bags not having machinery search my anus, or anyone for that matter
Click to expand...

depends i'd bet that there’s some participants in the gay and lez mardigra that would stick their hands up :p
 
Its so true ,the boys and girls in blue trying to trick you into letting them search your car or even letting then in your house,, they cant come in until invited and opening your door is not invited ,

I was so embarrassed once ,downtown, the middle of lunch hour someone passed my beau some money ,7 cops having lunch in the restaurant across the street saw the pass ,surrounded the car and started the drill ,"we saw a transaction" they said ,"what" we said ,being very polite and cautious ,I got out of the car ,what was going on ?


,well; buddy that just passed my Beau the money had been caught a block away with 7 g of weed -lol
so of course must be us but they never saw the weed exchange -it wasn't from him ,
So now they want to search h the car --I really had only known my Beau at that point for 3 -4 months --with everyone and their dog watching us the demand to search I had never been so embarrassed in my life ,a old teacher passed by and I thought I d die --lol

Cop said "we are calling the dogs" --with one phone call to my Beau' s lawyer, the whole thing was stopped ,they had no evidence that a exchange was made ,money was passed but nothing else --The cops kept telling me, do you know this guy ,his history is questionable and you should really take a second look at being with him (scared the crap out of me ) --well I drilled my beau after that he told me it was pot crimes --lol. after all I was a upstanding citizen --lol



They scare you into doing what they want --being polite but firm ,usually works --don't offer any extra info, answer the question period --no chit chat

so knowing your rights can avoid many a night mare

Thank you for remaining me of this Splatt
 
Well from previous experience when i was searched six weeks ago, the plain clothes D's made it quite clear that they had Tip off and there was no way i was gonna get out off it. I was filmed, and my mates car search methodically,i was stripped off my shoes and socks and my bag pulled apart , they where after one thing and one thing only, as my post says they found valium which wasn't mine but didn't care, i was also driving with a beer in my hand and they didn't even give me a breath test. I am still trying to get a copy off the video from the police.

http://www.bluelight.ru/vb/showthread.php?t=291156
 
I remember reading about that incident. That was a planned bust/search though. They had a video camera and all. But I think they still should of showed a warrant?
 
Splatt said:
I bags not having machinery search my anus, or anyone for that matter
Click to expand...


lol

shit man, he should have kept a clean car, what was he doing with so much junk in there in the first place?
 
The "reasonable grounds" line means police can pretty much search your person or your car without a warrant whenever they feel like it. If you don't think they have reasonable grounds, you can state that at the time but you probably won't be able to prevent the search taking place. The value of stating your belief is that you can use that in court later - but that's about it.

I'm not sure on QLD law, but in Victoria it is not an offence to be in possession of needles and syringes - new or used. You might want to check with an NSP in Brissy (like Biala) on QLD laws...

It's always a good idea to not to admit to personal use to police - once you do, it's pretty hard to get out of being charged with it. It doesn't really matter whether it's in the past - you can still get charged.
 
Yeah I've told him several times to clean his car.

I didn't think owning syringes was illegal, but if used with illegal drugs I'm sure it must be a utensle, also the spoons and knives found. The only law I know of is Improper Disposal of Syringe, amnd being in your car isn't exactly disposal.
 
ayjay said:
It's always a good idea to not to admit to personal use to police - once you do, it's pretty hard to get out of being charged with it. It doesn't really matter whether it's in the past - you can still get charged.
Click to expand...

Depending on the situation I disagree. Most are trying to identify the big fish. I was involved in a car search just last week. It was a pretty big deal because my mates car was seen leaving the scene of a big pot drug bust which took place just days before. I am not sure if it was surveilance that was setup or the next door neighbour had seen me enter the property and notified the police of a break and enter (I had just jumped the fence and browsed the backyard out of curiosity to see what it was all about. Very stupid of me in hind sight) 10 minutes after leaving this house we were pulled up and the car was searched before even admitting to trespassing private property and the scene of a drug investigation. I was shitting bricks to say the least. At first they were trying to suss out if we had any involvement in the investigation, perhaps thinking we went back to get a stash or something. Anyways, to make a long story short, the copper was an absolute champion and for being honest with the dude, admitting to trespassing and smoking pot, I think because of this he was more lenient. The cop himself admitted to previously smoking dope but no longer could because of regular urine tests lol. Not all coppers are wankers just the highway patrol ones.

And thanks lil angel15 for the showing what warrants a search. Pretty much they can do what they want at the end of the day, which is what I thought anyways.
 
Last edited:
As far as I'm aware there is not a problem with having syringes in your possession, it's just when you fail to dispose of them in a sharps bin or container that you will face charges.

Keep in mind Police use specific lines of questioning when addressing individuals. These questions are by no way random and have been designed to ensure convictions at a later date, if you have failed to answer a question honestly.

I'm sure that the police would have asked if there were any syringes or anything else in the car that shouldn't be there. As well as that, there would have been specific questions about the contents of the baggies and also if the syringes in the car had been used by anyone to administer said contents.

I have attached some information below for your perusal. You will see the information I have quoted from the QLD Drugs Misuse Act 1986 defines what needs to occur for a charge to proceed.

Hope this helps. :)

Ryan & Bosscher Lawyers - Brisbane said:
Syringes

The Drugs Misuse Act places an obligation upon a person who has a hypodermic syringe or needle in their possession to use all reasonable care and take all reasonable precautions to avoid danger to the life, safety or health of another. A further obligation is placed on such a person, where the needle or syringe has been used in connection with the administration of a drug, to properly dispose of such syringe or needle. This means that the person must place the syringe or needle in a sealed puncture resistant container (sometimes called a “sharps container”) or give the syringe or needle to a medical practitioner or pharmacist.

Ryan & Bosscher Lawyers - Brisbane
Click to expand...

QLD Drugs Misuse Act 1986 said:
(4) A person who has in his or her possession a thing being a
hypodermic syringe or needle who fails to use all reasonable
care and take all reasonable precautions in respect of such
thing so as to avoid danger to the life, safety or health of
another commits an offence against this Act.

Maximum penalty—2 years imprisonment.

(4A) A person who has in his or her possession a hypodermic
syringe or needle that has been used in connection with the
administration of a dangerous drug who fails to dispose of
such hypodermic syringe or needle in accordance with the
procedures prescribed by regulation commits an offence
against this Act.4

Maximum penalty—2 years imprisonment.

QLD Drugs Misuse Act 1986
Click to expand...
 
Thanks for that :)

Just got off the phone with him to give him that info.

The court appearance sheet definitely says "Failed to take reasonabale care with needle/syrnge" and "Possession of drug utensils" along with possession. It also says "These are only the main offences in this case" And they didn't give him a benchie. I asked and they did ask if there were any syringes in the car, and he denied it. He didn't think they would look everywhere, just one quick look because it was so messy and full of shit. When one of the cops found a bunch of them and spoons, knives etc.. She said "Oh Jesus!... syringes.." And the other officer handcuffed him immidiately and placed him face down on the ground. Are spoons and knives considered drug itensils? Or would that just be the syringe which they assumed was used in the administration of a dangerous drug.
 
Last edited:
I would imagine if the police could prove that the knife and spoon were used in connection with the use of the syringes or drugs, they would be considered drug implements. In this case however, I would imagine they are referring to the syringes themselves.

NB: In regards to the Maximum penalty for Posessing things, your friend is liable for the 15 year penalty. This is because the substance you have described has been specified in the Drugs Misuse Regulation 1987 as Schedule 1.

QLD Drugs Misuse Act 1986 said:
Possessing things

(1) A person who has in his or her possession anything—

(a) for use in connection with the commission of a crime
defined in this part; or
(b) that the person has used in connection with such a
purpose;

is guilty of a crime.

Maximum penalty—

(a) if possession of the thing is for use, or has been used, in
connection with the commission of a crime relating to a
dangerous drug that is a thing specified in the Drugs
Misuse Regulation 1987, schedule 1 or 2—15 years
imprisonment; or

(b) if possession of the thing is for use, or has been used, in
connection with the commission of a crime relating to a
dangerous drug that is a thing specified in the Drugs
Misuse Regulation 1987, schedule 2A—2 years
imprisonment.

(2) A person who unlawfully has in his or her possession
anything (not being a hypodermic syringe or needle)—

(a) for use in connection with the administration,
consumption or smoking of a dangerous drug; or
(b) that the person has used in connection with such a
purpose;

commits an offence against this Act.

Maximum penalty—2 years imprisonment.

QLD Drugs Misuse Act 1986
Click to expand...
 
you can't really prevent a search from happening
a few weeks ago i spotted a plain white holded with 2 uniformed cops inside. as i walked by they got out of the car and yelled out "come over here". they said they have the right to search me because i idintified them, and that i fit a description of a suspect who committed a near by robbery. what an excuse. they asked me where i have been in the past 2 hours, i told them i have friends and relo's who're near by and can confirm my where abouts with a simple call or walk down the road. they couldn't care less about what i had to say. then they start accusing me of carrying pot, spikes, stolen phones, stolen wallets and such. hands against the wall, they felt my nuts and all and didn't find shit. i told them i smoked the dope, stole the one and only phone i had on me which was under my name, and stole the wallet off someone which already contained my cards and money inside. accusations with no evidence, fucking idiots. they just embarrassed me in front of the locals and people who know my parents, making me look like a criminal. i hope they get shot one day..
 
You should of asked for their names, rasks and stations and reported them.
 
You must log in or register to reply here.
Top