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  • AADD Moderators: Tronica

possession

^I wouldn't think that would be a very good idea. Not that I have had the reason, let alone courage, to ever try this but i have heard, and when you think about it logically it makes sense...the higher up you stash your drugs, the less chance a dog will pick up the scent. Obviously dogs have a limited sense of smell...but as they are fairly low to the ground, their effective radius is approximately from your waist down. detection of drugs stored at head height, for example under a hat, are less likely.
 
I am pretty sure most minor convictions wont stop the government from issuing you a passport.

It will be a problem when you have to apply for visas before arriving in some countries instead of on arrival.

USA visa required beforehand.
Thailand stamp on arrival.
 
I don't think you need to stress.. a personal amount is likely to get you a drug diversion with no conviction for a first offense. You'll get a counselling session or two, and thats it.
 
If it is your first offence you will get nothing more than a drug diversion, which is what happened to me when I got busted with much much more on me.... like, 10 pills and 4 grams of stuff. roughly 2 years ago.

are you from melbourne?
 
First offense with a tiny amount you most likely won't receive a conviction. Dogs can smell above their own height the best way to not get caught is to not possess.
 
Some of the dogs are 'police' dogs and not 'sniffer' dogs. I think the majority of time it's for show. I've personally been to festivals where the dogs just sit there and do nothing when every dam person is carrying.

The more activities you do before a trial adds sway to the judges decision.
I'd definitly sign up for a 'rehab', do some charity work and keep your nose clean. If you have nothing to show the judge then they will be allot harsher on you. From a law standpoint i think that's pretty standard procedure. You need to proove remorse, not just show it.
 
Just about the legality of the search; unfortunately here in Australia (well, in Queensland) police don't really need an excuse to search you. All they have to say is that they were suspicious and it's justified. Especially since you told them that you were in possession of amphetamine that makes it entirely legal... compared to countries like the U.S, Australians have very few legislative rights when it comes to citizen vs police officer.

It was aweful luck to get done though man.... hope the hearing goes ok
 
yeah I wasn't too sure and just shitting myself hard so i complied with everything they asked. I was well down the road from the dog and I spotted it so I crossed the road but what got me in trouble was my friends all yelling at me and I said "meet me down at soho" then they grabbed my arms and took me against a building and asked me what i had (which I admitted to) then they did the search...
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Not only was the search likely illegal but they have unlawfully assaulted you, no doubt about it in my opinion. Police must have a reasonable suspicion that someone is carrying drugs before they search someone. Then they must go about that search in the proper manner, not push you up against a wall and demand to know what you are carrying.

In a case like this, they could have been made to come to court and justify to a Magistrate their suspicion and what was the reasonable basis for it. Most Magistrates are legitimately concerned about the rights of the individual and ever increasing police powers. Admitting what you had is a problem obviously and to that extent I tend to agree with some of what is written above however an argument exists for knocking out the search and the admission. You certainly were not cautioned before you were assaulted and the way the whole thing unfolded stinks.

Good luck anyway.
 
^ Reasonable suspicion was him seemingly trying to avoid the sniffer dogs. He saw them and crossed the road, they either saw that or were alerted to it by his friends unfortunately.
 
That sucks mate! They had a pretty big crackdown in Melbourne too, perhaps it was a nation wide operation. :\

Anywho, as hyroller said, you should be fine with regards to your court sentence and travelling overseas. The only thing I would think you may have trouble with is if you ever apply for a visa to the U.S (possibly other countries as well).

Good luck, let us know how everything goes. :)
 
Some good points being made.

Once again I would strongly urge you consider talking to a barrister. Most solicitoirs are completely useless.
 
Really sorry to hear this happened to you dude.
As been mentioned best thing you can do is speak to a barrister.

As far as entering in the drug rehab course, I dunno, I have mixed feelings. I mean I'm no expert with judges, but they are very switched on people. I think entering in a drug rehab course shows that you have a drug problem, even though you're trying to fix it.

Seeing it was your birthday, you can easily say you had never tried it before, it was a gift from a friend and that you were yet to even try it. This way you can say that being caught now, has made you not wanna try drugs ever again because of how easy it is to get caught and how much is at risk.

It's really upto you though, as Marley said the fact that you are graduated in higher education and been working for 5.5 years will help you heaps.

Best of luck my friend, and let us know how you all go. What happens to you us bluelighters will keep in mind to let other people know in future. You're not the first to ask this site for help and you won't be the last ;)

Good luck.
 
The search is not illegal, they have the right to search someone who they deem to be possibly carrying drugs. It's a new law that came into play sometime in 06ish.

Go to a drug rehab, it may suck but it is browny points to a magistrate. No right minded magistrate will see this as a bad thing.

IMO You will get community service. So best to do allot of things now to shorten the length of that service. That stratergy will pay off in the end, rather than do nothing and get a longer period of service.

Unless you have any prior convictions?
 
Also the majority of decisions passed by judges are done on precident. So if someone previously in similiar circumstances got X amount of punishment, you can expect the same.
 
Goto drug counseling. Medicare card holders are entitled to 12 free sessions with a psychologist per year, ask your gp to find one that specialises in addiction, and also have a hunt for your local Narctoics Anonymous groups, start going to meetings.

http://www.naoz.org.au/community/index.php

You don't have to goto a live in rehab to prove you're trying to get straight.
 
rm2x said:
Goto drug counseling. Medicare card holders are entitled to 12 free sessions with a psychologist per year, ask your gp to find one that specialises in addiction, and also have a hunt for your local Narctoics Anonymous groups, start going to meetings.

http://www.naoz.org.au/community/index.php

You don't have to goto a live in rehab to prove you're trying to get straight.
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Thanks rm, thats spot on. I didnt know if it was called rehab or what but drug councelling sounds more accurate. Bonus for the 12 free sessions.
 
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