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Sydney Minister Backs Random Sniffer Dog Searches

Author: Jonty Adderley
Friday, November 30, 2001
Michael Costa, Australia's new Minister for Police has vowed to overturn a ruling which decided that using sniffer dogs for random drug searches was both illegal and in breach of international civil liberties.

"I've said that the Police Service finds sniffer dogs a useful tool," Costa told the Sydney Morning Herald this week, speaking on the very first day of his new job.

"They have to use those sniffer dogs with discretion and if we find that the legislation as it currently stands does not enable them to use that tool firstly effectively and secondly with discretion we'll certainly support legislative changes."

His comments followed the acquittal of Glen Darby who was arrested by a sniffer dog called Rocky, as he queued up for an Oxford Street Nightclub some months ago. The 21 year old clubber was caught holding small quantities of cannabis and amphetamines though was discharged after local magistrate Mary Jerram declared the search unlawful, being "conducted without reasonable suspicion".

The case came to court as Sydney cops continued a co-ordinated snifffer dog anti drug campaign which peaked three weeks ago when 300 officers swooped on 5 city centre clubs (resulting in 18 arrests). The police operation is due to conclude over the weekend of December 1st and 2nd, and has sinister undertones, 3D World's Nicole Fossati said this week.

"It is not about drugs. It's more that when you see the sniffer dogs with their masters on their leashes, some synapse in your brain cringes with a volt of fear," she said.

"Not a fear of being guilty but a fear of being powerless. Somewhere in that grey matter of ours, a thought is being further embedded, the thought that they have power over us. Dogs herd sheep. I am not a sheep."

She added that the key step to take if approached by a dog team is to make sure they write down that you asked NOT to be searched, so allowing the search's legality to be challenged in court.

http://www.rlc.org.au/news/sniffer.html (Redfern Legal Centre)

http://www.nswccl.org.au (New South Wales Council of Civil Liberties)

http://www.threedworld.com.au

http://smh.com.au (Sydney Morning Herald)
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