Year 10 Legal Studies: Drug Detection Dogs

Last week, I wrote a post looking at how the criminal justice system operates in an alternate reality, one in which truth isn’t dictated by facts or data, but by precedent and case law. Today, I want to look at a case pending before the Supreme Court that is a great example of the problem.

The recent debate on pill testing has re-ignited questions surrounding the use of Sniffer Dogs by police at music festivals. The NSW Police Force state that they utilise sniffer dogs to aid in locating illicit drugs. The power of the police to use sniffer dogs comes from the Police Powers (Drug Detection Dogs) Act 2001.

In support of their plan to legalise pill testing of party drugs in Victoria, the Greens have taken aim at drug detection canines, declaring: "Drug sniffer dogs are incorrect 75 per cent of the time."

It’s a controversial practice on the rise in Australia. Many young people say it leaves them feeling “traumatised” and “embarrassed”.

It’s a controversial Australian police practice many have described as “dehumanising”. And while it’s on the rise, experts say there’s one big problem with it.

WATCH THIS: In a special edition, we look at the hardest working officials on Australia's front line our canine four-legged officers!

In February 2002 the Police Powers (Drug Detection Dogs) Act was passed in New South Wales. This act is what originally allowed police to use sniffer dogs to perform searches without a warrant on people at pubs, at entertainment events and on certain public transport routes. This new act covers the use of sniffer dogs for general drug detection without a warrant. This act does not give police unrestricted powers to use sniffer dogs. If you are concerned or been approached by police with sniffer dogs it is important to know your rights.

Whether you’re a music festival regular, or simply walked onto a platform of a city train station, chances are you’ve come into contact with a sniffer dog.

The Fourth Amendment protects a person’s right to be free from unreasonable search and seizure. One of the tools law enforcement most often uses in ways that potentially violate this right is that of the drug detection dog.

The use of drug dogs is helping to fuel a massive increase in strip-searches by New South Wales police, often without legal grounds.