lostNfound
Bluelight Crew
- Joined
- Mar 20, 2005
- Messages
- 13,678
> Following parliament earlier in the week, the introduction of Sniffer Dogs
> in clubs is being fast tracked, so I thought I'd send out some potentially
> usefull information should you innocently get caught up in such a practice
> while out drinking.
>
> The poice are only entitled to stop and search you if, and only if, they
> reasonably suspect you of carrying drugs, or a knife, or goods stolen or
> unlawfully obtained. If a dog picks you out, the is a basis for reasonable
> suspicion. However, if you have any doubt about why you are being searched,
> ask the officer to tell you what the basis for reasonable suspcion is, and
> to write that in their notebook. Then tell them that you don't consent to
> the search (and get that noted in the notebook) and then submit to the
> search. The difference between consenting and submitting may seem trivial
> but it may make the difference between the search being legal or illegal.
>
> Obviously, it is an excellent idea to be as polite to the police as
> possible. "I'm sorry, officer, I don't wish to answer that question" is a
> much better response than "Youse c---- have got nothin'".
>
> If you are detected with cannabis only, the police may opt to issue you with
>
> a cannabis caution rather than giving you a court attendance notice. A
> cannabis caution means you don't go to court, hence no fine and no criminal
> record (but you don't get your drugs back, obviously.) The issue of a
> cannabis caution is entirely up to the officer - you can't demand one.
> However, here are the eligibility criteria so that you know whether you
> might be able to suggest it:
>
> (a) the offender must possess no more than 15 grams of dried cannabis and/or
>
> equipment for the use of cannabis;
>
> (b) the offender must be an adult;
>
> (c) the identity of the offender must be confirmed using normal checks;
>
> (d) sufficient evidence to prosecute the offender must exist;
>
> (e) the drug must be for personal use only;
>
> (f) the offender must not be involved in any other criminal offence at the
> time, for which a brief of evidence would be submitted;
>
> (g) the offender must have no prior convictions for drug, violent or sexual
> offences;
>
> (h) the offender must admit to the offence;
>
> (i) the offender must consent to the caution and sign the caution notice;
> and
>
> (j) the caution must be appropriate.
>
> - If you are detected with a substance, think carefully about whether you
> identify that substance to the police. Obviously if you are caerrying
> cannabis and you want to get a caution, you will need to admit that the
> substance is cannabis. However, if you are carrying something in tablet or
> powder form, you may think it wiser not to identify to the police what sort
> of tablet or powder it is. This means that the police will have to test it
> before they can charge you, and for small amounts, they may not bother
> (There is also the situation that Qld's testing centre has a 6-12 month
> backlog). The risk in this, however, is that if you do identify the
> substance to the police, then your co-operation can be used as a positive
> factor if you are subsequently charged.
>
> - Telling lies to the police is a bad idea. Saying nothing (or, Oficcer, I
> don't wish to answer that question") is a better option.
>
> All of this is in the nature of general comment & shouldn't be considered
> legal advice.
>
source - received via email.
just a heads up.
> in clubs is being fast tracked, so I thought I'd send out some potentially
> usefull information should you innocently get caught up in such a practice
> while out drinking.
>
> The poice are only entitled to stop and search you if, and only if, they
> reasonably suspect you of carrying drugs, or a knife, or goods stolen or
> unlawfully obtained. If a dog picks you out, the is a basis for reasonable
> suspicion. However, if you have any doubt about why you are being searched,
> ask the officer to tell you what the basis for reasonable suspcion is, and
> to write that in their notebook. Then tell them that you don't consent to
> the search (and get that noted in the notebook) and then submit to the
> search. The difference between consenting and submitting may seem trivial
> but it may make the difference between the search being legal or illegal.
>
> Obviously, it is an excellent idea to be as polite to the police as
> possible. "I'm sorry, officer, I don't wish to answer that question" is a
> much better response than "Youse c---- have got nothin'".
>
> If you are detected with cannabis only, the police may opt to issue you with
>
> a cannabis caution rather than giving you a court attendance notice. A
> cannabis caution means you don't go to court, hence no fine and no criminal
> record (but you don't get your drugs back, obviously.) The issue of a
> cannabis caution is entirely up to the officer - you can't demand one.
> However, here are the eligibility criteria so that you know whether you
> might be able to suggest it:
>
> (a) the offender must possess no more than 15 grams of dried cannabis and/or
>
> equipment for the use of cannabis;
>
> (b) the offender must be an adult;
>
> (c) the identity of the offender must be confirmed using normal checks;
>
> (d) sufficient evidence to prosecute the offender must exist;
>
> (e) the drug must be for personal use only;
>
> (f) the offender must not be involved in any other criminal offence at the
> time, for which a brief of evidence would be submitted;
>
> (g) the offender must have no prior convictions for drug, violent or sexual
> offences;
>
> (h) the offender must admit to the offence;
>
> (i) the offender must consent to the caution and sign the caution notice;
> and
>
> (j) the caution must be appropriate.
>
> - If you are detected with a substance, think carefully about whether you
> identify that substance to the police. Obviously if you are caerrying
> cannabis and you want to get a caution, you will need to admit that the
> substance is cannabis. However, if you are carrying something in tablet or
> powder form, you may think it wiser not to identify to the police what sort
> of tablet or powder it is. This means that the police will have to test it
> before they can charge you, and for small amounts, they may not bother
> (There is also the situation that Qld's testing centre has a 6-12 month
> backlog). The risk in this, however, is that if you do identify the
> substance to the police, then your co-operation can be used as a positive
> factor if you are subsequently charged.
>
> - Telling lies to the police is a bad idea. Saying nothing (or, Oficcer, I
> don't wish to answer that question") is a better option.
>
> All of this is in the nature of general comment & shouldn't be considered
> legal advice.
>
source - received via email.
just a heads up.
