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

If the drug detection dog indicates to its handler that it has detected the scent of a prohibited drug — which usually,
but not always, involves the dog sitting down — the handler explains to the driver that the dog has made an indication
and that police may conduct a search of the vehicle, the driver and/or any passengers. The dog handler gives the
driver a legal caution 76 when explaining that the dog has indicated the scent of a prohibited drug.
After an indication, the driver of the vehicle is usually directed to move the vehicle to a searching area known as the
‘hot zone’, which is usually some distance from the ‘cold zone’, so as to provide some level of privacy for those being
searched and to ensure the free flow of vehicles through the ‘cold zone’. In the ‘hot zone’, police may search the
vehicle, the driver and/or any passengers. The searches are usually captured on videotape. Police may also utilise the
drug detection dog to assist in searching persons and/or vehicles. The searches can take anywhere from five minutes
to over an hour, depending on how thoroughly police decide to search and what is discovered during the search.
If drugs are located, they are seized and appropriate investigations are conducted either at the site, or at a police
station depending on the nature and seriousness of the offence detected. For example, if police seize a small
amount of drugs, the person is generally processed at the check point. This involves either the issue of a cannabis
caution (in appropriate circumstances) or a Field Court Attendance Notice (‘FCAN’). 77 If police seize a large amount
of drugs — such as an indictable quantity — the person is placed under arrest and taken to the closest police
station for further investigation and charging.
2.3.2.2. Vehicles stopped in the search area
When a vehicle is stopped in the search area, police may approach it and screen it with a drug detection dog in
the same manner as a vehicle stopped at a check point. The only difference being that if the drug detection dog
indicates the scent of a prohibited drug, the vehicle, the driver and/or any passengers are usually searched at the
location. Alternatively, police may direct the driver to move the vehicle to a ‘hot zone’ at an established checkpoint to
conduct the search.
2.3.3. Post-operation de-brief and reporting
At the conclusion of an operation, police generally conduct an operational de-brief, which provides officers with an
opportunity to reflect upon the operation and identify any issues arising.
The officer in charge may also compile a ‘situation report’ outlining the results of the operation and other information
of significance. Situation reports are disseminated to local area and region commanders for information purposes.
In addition, the officer to whom the authorisation was granted must also ensure that a report on the conduct and
results of the operation is given to the designated officer within 14 days of the expiry of the authorisation.
2.4. Types of drug detection operations
During the review period police conducted operations utilising both ‘static’ and ‘mobile’ check point strategies.
2.4.1. ‘Static’ operations
A static operation involves a fixed check point (such as a parking bay, truck stop or RTA Heavy Vehicle Checking
Station) at which police stop vehicles for screening. 78
While conducting static operations, police sometimes deploy ‘roving’ or ‘floating’ highway patrol vehicles in and
around the search area to help target vehicles to be stopped. The targeting of vehicles by roving highway patrol
officers is usually based on information from radio checks on vehicles, the officer’s observations, and/or knowledge
of the modus operandi of drug traffickers. When a vehicle of interest is identified, the highway patrol officer contacts
the check point by radio and suggests that they stop the vehicle.
On occasion, police utilise complementary strategies when conducting static operations. For example, a significant
factor impacting on the effectiveness of drug detection operations is the dissemination of information about the
nature and location of operations. This frequently occurs via the Citizens Band (CB or UHF) radio network. 79 Some
heavy vehicle drivers who become aware of operations via CB radio elect to stop at parking bays and truck stops to
avoid police scrutiny. 80 In an attempt to combat this practice, police sometimes conducted operations consisting of a
main check point, with smaller operations at truck stops and parking bays where their intelligence suggested heavy
vehicles drivers might gather to ‘sit out’ the operation. These complementary operations involved both screening of
vehicles stopped at the truck stop or parking bay, and directing vehicles to a specific location within the parking bay
or truck stop where police had also established a check point.
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NSW Ombudsman
Review of the Police Powers (Drug Detection Trial) Act 2003