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

Chapter 5.
Effectiveness of drug detection operations
This chapter analyses the effectiveness of drug detection operations conducted during the review period by examining
whether the objective of the drug detection trial has been achieved. Included is a discussion of the factors that have
influenced, or impacted upon, the effectiveness of operations.
5.1. Overview of results of drug detection operations
During the review period, police conducted 23 drug detection operations utilising various deployment strategies.
A total of 13 static and 10 mobile operations were conducted in the three non-metropolitan police regions at varying
times of the day and night.
The authorisations to conduct the operations were based upon generic intelligence evincing in the mind of the
designated officer who granted the authorisation a reasonable suspicion that the area where the operations were
conducted were being used on a regular basis for, or in connection with, the supply of indictable quantities of
prohibited drugs.
In the first nine months of the 18-month trial, police conducted 12 predominately static operations. The execution of
the static operations closely mirrored the nine operations conducted during the border areas trial.
Only one indictable quantity of prohibited drugs was seized during the first 12 static operations. The drug seized
— 9.0 grams of amphetamine — was located alongside a garbage bin near a check point. No person has been
charged in respect of the seizure.
After noting the limited success of the first 12 operations, police resolved to persevere with the trial but to conduct
smaller, shorter, more mobile operations, which they hoped would be less predictable and more difficult to evade.
Police devised procedures for conducting mobile operations, which attempted to address the legal and occupational
health and safety challenges associated with mobile operations. These were documented in the SOPs for the drug
detection trial. 282
A total of 10 mobile operations were conducted between late November 2007 and the end of the review period on
22 February 2008. Some of the mobile operations involved a combination of static and mobile check points.
As a result of the mobile operations, police detected two vehicles in which the occupant/s were found in possession
of five separate indictable quantities of drugs. One individual was found with 6.74 grams of cocaine, 10.7 grams
(40 tablets) of ecstasy, and 1.39 grams of nexus. A further two individuals, who were travelling together in the same
vehicle, were found with 9.5 and 12.5 grams of amphetamine respectively.
In addition, police seized an indictable quantity of amphetamine (11.0 grams) during a static operation conducted in
December 2007.
The most successful drug detection operation conducted during the review period coincided with the Summernats
festival in early January 2008. 283 During this three-day operation, 75 police officers and two drug detection dogs
stopped and screened a total of 451 vehicles. As a result of drug detection dog indications, police searched 60
vehicles and 113 persons, which resulted in 21 persons being issued with a cannabis caution and 13 persons being
charged with drug-related offences including possess prohibited drug (17 charges) and supply prohibited drug
(5 charges). The rate of finding drugs after an indication by a drug detection dog was 55%, significantly higher than
the rate of 23% across all operations.
In contrast, police did not lay any drug-related charges in almost one-third of operations (3 static and 4 mobile)
although a number of cannabis cautions (8) were issued. In a further eight operations one or two persons were
charged with drug-related offences. Put another way, almost two-thirds (15) of drug detection operations resulted in
the seizure of only small amounts of drugs, mostly cannabis.
Indictable quantities of drugs were only seized during 4 (17%) of the 23 operations.
Chapter 3 contains a comprehensive outline of drugs seized and legal actions taken by police. In summary:
• A total of 7 indictable quantities of prohibited drugs were seized during the review period.
• As a result of 7,527 vehicle stops, four persons in three separate vehicles were detected with indictable
quantities of drugs.
NSW Ombudsman
Review of the Police Powers (Drug Detection Trial) Act 2003
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