In September 2006, the NSW Ombudsman released his long-awaited report on drug detection sniffer dogs in NSW. The report is highly critical of the dogs as inefficient, discriminatory and ineffective. CCL welcomes the report and calls on the NSW government to remove the dogs from the streets, where they regularly violate the right of all citizens to be free from arbitrary search and detention. Read more...

background

In February 2002 the Police Powers (Drug Detection Dogs) Act came into force in New South Wales. That Act allows police to use sniffer dogs to perform searches without a warrant on people at pubs, entertainment events and on public transport.

In 2004 the Ombudsman began a review of the Drug Detection Dogs Act. The Ombudsman will make a report to Parliament on how the dogs are being used and their impact on the community. The final report has been delayed and is due to be given to the Minister in February/March 2006.

Please note: the Drug Detection Dogs Act is no longer in force and has been replaced (see below).

You can read the Ombudsman's discussion paper. The discussion paper demonstrates that the dogs are a dismal failure:

73% of people identified by the dogs are not carrying drugs
most drugs detected are small amounts of cannabis
dogs are failing to detect drug dealers

Read CCL's submission to the Ombudsman's review. (size: 255k)

Read what CCL's president says about the discussion paper.

Legal note: the Police Powers (Drug Detection Dogs) Act is no longer in force. Click here for more information.

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Make a complaint or report to CCL about sniffer dogs

You can send your complaint or report about sniffer dogs to CCL.

To make a complaint or report you can:

email your complaint to CCL at: office@nswccl.org.au
write a complaint to CCL at: NSWCCL, PO Box 201, Glebe NSW 2037

Please include these details in your report or complaint about sniffer dogs:

Name (optional)
Date, time & location (include postcode if known)
What happened before, during and after the time of the search?
What have been the impacts of the incident. Did you consent to the search?
Was any legal action taken against you?

Other organisations you can complain to

You can also make a complaint directly to:

the NSW Ombudsman, phone: (02) 9268-1000 or 1800 451 524 (toll free)

read the Ombudsman's pamphlets:
- Making a complaint to the Ombudsman
- Young people with complaints about police

the NSW Police Local Area Commander in the area where you saw the dogs
the Police Integrity Commission, phone: 1800-657-079
your local member of State Parliament. Explain to him or her that you do not feel safer with the dogs on the street & that they have undermined your confidence in NSW police. Also point them to the Ombo's report on sniffer dogs, which says that the dogs get it wrong 3 out of 4 times. It is important that our politicians understand that the people of NSW do not want these dogs on the streets.

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Know your legal rights

Where can police use sniffer dogs?

Police are only authorised to use drug sniffer dogs to search people randomly in three situations:

in pubs, clubs and other places where alcohol is served
at entertainment events, including sporting events, concerts, dance parties & street parades
on public transport and stations

Any drug search of a person outside these situations is illegal unless the police have a reasonable suspicion or a warrant.

If you have been appraached by a police sniffer dog team, or know of police using dogs outside these areas, you should complain or report it.

What should I do if I am approached by a sniffer dog?

If a dog sits down next you, then police can search you. It pays to know your rights so check out the following pointers.

Stay calm and be polite. You could be fined or arrested if you swear at the police, so don’t give them an excuse.
Be cooperative and let the police search you. But ask them why they are searching you. And ask them for their name, rank and station.
Try to remember where (location) and when (time of day) police search you. This info might be important if you decide to make a complaint.
If you have drugs on you….
The law says you must give your name and address to police, if the police discover drugs on you. But you don’t have to say anything more, if you don’t want to. This is your right to silence.
If you don’t have drugs on you…
If police ask for your name and address, ask them whether you have to. If police say you don’t, then don’t…because they will put that info on their database and might use it against you later. If police say you have to give your name & address, then it is better to cooperate and make a complaint later.

You can complain to the police, the Ombudsman, NSWCCL or a lawyer if the dog touches you or if the police are aggressive, rude or rough you up.

Where can I get legal advice?

You can get legal advice and support from:

your local community legal centre. Website: www.nswclc.org.au
NSW Legal Aid Commission. Phone: (02) 9219-5000
Law Access NSW. Phone: 1300-888-529
Legal Aid Hotline for under 18s: 1800-10-18-10
a private lawyer (contact the NSW Law Society, ph: (02) 9926-0333)
CCL might also be able to help find you a lawyer

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Get involved

If you think you have been badly treated by police and their sniffer dogs, you should complain.

If you want to help with CCL's campaign you can:

write to or phone your local member of State Parliament
phone talkback radio
write letters to newspapers and other publications
download and distribute our posters:

A4 poster (size: 552K)
flyer (folded A4 sheet) (not yet available)

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Newtown anti-sniffer dog protest

Ever since the introduction of police sniffer dogs, the Sydney communities of the Inner City and Inner West have been unfairly targeted by the police and their dogs. Commuters, residents and visitors to these communities are being harassed and searched by police on the say so of a dog!

The Newtown Peace Group and CCL organised a protest to let the police know that the residents of Newtown and surrounding suburbs have had enough! A rally was held on 10 June 2004. Speakers include Lee Rhiannon, Greens politician, and Cameron Murphy, President of NSW CCL.

More than 100 people attended the rally and then marched to the local library, where Sydney Lord Mayor Clover Moore was holding a public consultation meeting. The Lord Mayor spoke to a delegation from the anti-sniffer dog rally.

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Drug detection dog warrants issued at Newtown Local Court in 2004

CCL has released a report on the operation of NSW Police drug detection dogs in Newtown. The report reviews the warrants issued by the Newtown Local Court to Newtown and Marrickville police. The warrants authorise the use of sniffer dogs in public places, for example along King St and Enmore Rd.

The major findings are that:

only 1 in 5 people identified by the dogs (and subsequently searched by police) is actually carrying prohibited drugs
the vast majority of positive drug detections are for small amounts of cannabis
Newtown police are targeting the local methadone clinic
Newtown police are targeting Newtown railway station because, according to police, "many commuters are found in possession of illegal drugs"
Marrickville police are requesting and obtaining warrants covering 5 entire inner-western suburbs

You can read CCL's report here.

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legal notes (for lawyers)

On 1 December 2005, the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) came into force. It replaces the old Police Powers (Drug Detection Dogs) Act 2001 (NSW), which commenced on 22 February 2002. All drug detection dog matters after 1 December 2005 fall under the new Act. The provisions of the LEPAR Act are (for all intents and purposes) identical to the old Act.

If you are defending someone who has been detected by a dog, the first thing to do is determine whether police required a warrant. There are prescribed places where a dog can be used without a warrant: section 148 of the Act, and r 38 (train routes) and r 39 (bus routes) of the Regs.

If your client was searched outside of these areas, police need a warrant: section 149 of the Act. Make sure that there is a warrant and that it is valid. Any member of the public can inspect a warrant at the Local Court: reg 10(6)(c) of the Regs.

A report on the execution of the warrant must be furnished to the Local Court within 10 days of the execution of the warrant: section 74(2) of the Act. You can view the execution report, as well as the warrant: reg 10(6)(c) of the Regs.

Your attention is drawn to the following cases:

Darby v DPP (2004) 61 NSWLR 558; (2004) 150 A Crim R 314;[2004] NSWCA 431: see [131], in which majority suggest that assault & battery prior to dog identifying someone renders a search unlawful.
Harris v DPP (NSW District Court, 11 March 2005): applying Darby, search after a positive identification by a drug detection dog was unlawful, because dog assaulted the accused before dog identified him. Evidence obtained during unlawful search excluded under section 138 of Evidence Act.
R v Benecke [1999] NSWCCA 163, is a case about the reliability of tracker dogs. At [23] the court observed that:
In R v Barnes, Gleeson CJ considered appropriate and adequate a warning in relation to tracker dog evidence that the jury should bear in mind that the dog was not able to be cross-examined and that the jury should be careful to avoid over-estimating the reliability of the operation of a dog's senses so as to avoid too rapidly arriving at the conclusion contended for by the Crown from the evidence of the dog's activities.
It might be possible to argue that the same applies to drug detection dogs.