Review of the Police Powers (Drug Detection Trial) Act 2003 - NSW ...

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Appendix 5. Initial letter sent to survey participants. Contact: Joan Gennery Telephone: (02) 9286 1017 Level 24 580 George Street Sydney NSW 2000 Phone 02 9286 1000 Fax 02 9283 2911 Tollfree 1800 451 524 TTY 02 9264 8050 Web www.ombo.nsw.gov.au Dear Ombudsman survey of police power to randomly stop and search vehicles for drugs The NSW Ombudsman is an independent watchdog agency that has been asked by Parliament to look at how police are using a trial power which allows them to randomly stop vehicles in outer metropolitan areas and use sniffer dogs to detect prohibited drugs. As part of our research into how police are using the power, we are contacting people who have been subjected to the use of the power. You have been contacted because we understand that you were driving, or were in a car randomly stopped by police in the [insert name] area recently. A person from this office will telephone you during the week beginning Monday, the 3rd of December 2007 to see if you would be willing to participate in a short phone survey to tell us about your experience of being stopped by police. The survey should only take between 5 and 10 minutes to complete. You will be asked a few short questions about what occurred when police stopped you and what you thought about the way police conducted their duties. I would like to emphasise that your participation in the survey is completely voluntary. Any information you give us will be treated with confidence and will not be passed onto police. The purpose of seeking your views is to find what you think about the way police are using the trial power and how it affected you. We may use the information you give us in a report. However, you will not be identified in any way – your identity and any responses you give us will remain completely anonymous. We will not talk to any other member of your family or household about the survey when we call you. We have sent you this letter by registered post to make sure that you are personally aware of the fact that we will be calling you about the survey. If you have any questions or concerns about the proposed survey, please contact Joan Gennery on 9286 1017 or jgennery@ombo.nsw.gov.au. If you are calling from outside the Sydney metropolitan area, please feel free to use our Toll free number 1800 451 524 between 9am and 5pm and ask to be put through to Joan. You are also welcome to contact Joan to arrange a time suitable to you to do the phone survey. I appreciate your consideration of our request, and hope that you will agree to participate in the short phone survey. Yours sincerely Simon Cohen Assistant Ombudsman (Police) NSW Ombudsman Review of the Police Powers (Drug Detection Trial) Act 2003 107
Appendix 6. Telephone survey tool. Introduction DRUG DETECTION TRIAL SURVEY QUESTIONS Introduce yourself — name, organisation. Confirm receipt of letter — survey will take approximately 5-10 minutes. The NSW Police Force is trialling powers that allow them to randomly stop vehicles in outer metropolitan areas and use sniffer dogs to detect prohibited drugs. We are an independent agency that is required to review these powers and report to Parliament. We are looking at such things as when the powers are used and how the powers are used. One part of our review is to survey those who have been subjected to the use of these powers. We obtained your contact details as a person that was in a vehicle stopped by police using these powers on [date and location]. Your details were obtained through our independent access to the police computer system. Your details and responses will remain confidential and anonymous and will not be passed onto police. Responses from the survey may be used in our report, but again no identifying details will be used. Questions As you were in a vehicle that was randomly stopped using the Drug Detection Trial powers, I’d like to ask you a few questions about this. 1. Were you the driver or a passenger in the vehicle that was stopped? (circle) 2. Did the police explain why the vehicle had been stopped? Yes/No 3. Were you (or the driver) given a piece of paper (section 12 notice) explaining the powers the police were using? Yes/No If yes: Did you read and understand what was written on the piece of paper? Yes/No 4. Did a sniffer dog go around the vehicle? Yes/No 5. Were you also sniffed? Yes/No 6. Were you or the vehicle searched? Yes/No 7. Did police explain to you why you and/or the vehicle were being searched? Yes/No 8. Can you tell me briefly about the search? 9. Can you remember approximately how long it was from the time you were stopped until you were allowed to leave? 10. Having been subjected to these powers — what do you think of them? 11. What do you think about the way police treated you? 12. Is there anything you would like to add? 108 NSW Ombudsman Review of the Police Powers (Drug Detection Trial) Act 2003
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Review of the Police Powers (Drug D
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Any correspondence relating to this
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2 June 2008 Level 24 580 George Str
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Foreword The vehicular trafficking
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Chapter 4. Issues identified during
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or is to be, used on a regular basi
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Issues identified during the drug d
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Conclusion A critical examination o
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viii NSW Ombudsman Review of the Po
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The bill proposed a number of chang
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4 NSW Ombudsman Review of the Polic
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In addition, if the authorisation i
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2.1.9. Reporting and record keeping
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If the drug detection dog indicates
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41 Police Powers (Drug Detection Tr
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3.2. Number of vehicles and persons
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Table 3 details drugs seized, legal
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Local area command/s where operatio
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One person was charged with resist/
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In addition, a driver of a Pantec t
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118 Pursuant to s.12 of the Crimes
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Getting an authorisation is a lengt
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(b) the likelihood of success of th
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Case study 1 Grant of authorisation
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4.1.5. Capacity of designated offic
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The officer will then stop each veh
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mindful to ensure that they do not
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We raised this issue during the bor
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In circumstances where a person sea
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During pre-operational briefings Om
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In addition, boredom, motivation, f
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Case study 7 No drugs located, no a
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Case study 9 Persons searched withi
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4.7.2. Police views A number of sen
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However, the NSW Police Force noted
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203 See paragraph 12.4 ‘Requestin
Page 73 and 74: 56 NSW Ombudsman Review of the Poli
Page 75 and 76: • One or more drugs were located
Page 77 and 78: … the nature of the legislation a
Page 79 and 80: We also got some specific [intellig
Page 81 and 82: I think that was something that rea
Page 83 and 84: … if they’re serious about the
Page 85 and 86: This view was echoed by officers co
Page 87 and 88: We raised the issue of regional sta
Page 89 and 90: Table 4. Operational costs Operatio
Page 91 and 92: 5.7.2. Community support 5.7.2.1. P
Page 93 and 94: According to survey participants, t
Page 95 and 96: Case study 14 Delayed by search 457
Page 97 and 98: … a reduction in costs and resour
Page 99 and 100: Case study 17 Police seize $875,000
Page 101 and 102: 366 Interview A transcript, pp.18-1
Page 103 and 104: 86 NSW Ombudsman Review of the Poli
Page 105 and 106: There are also a number of seemingl
Page 107 and 108: Appendix 1. Memorandum of Understan
Page 109 and 110: MOU between NSW Police and the Ombu
Page 119 and 120: Other information requirements
Page 121 and 122: Appendix 4. Sample of an authorisat
Page 123: 106 NSW Ombudsman Review of the Pol
Page 127 and 128: Acknowledgments This report was res
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