Review of the Police Powers (Drug Premises) Act 2001 - NSW ...

In the police training manual on the Drug Premises Act, specific guidance is provided about what information to include in drug premises
search warrant applications. Police are advised that when considering applying for search warrants under this legislation, the “focus is on
the premises, not on the person”. 189 Accordingly, most of the examples in the manual focus on the role of the premises in facilitating drug
supply operations. The manual encourages police to consider the following:
Are premises used to secure drug activity (showing modification of premises to defeat authorities may demonstrate use).
Are premises used to conceal drug activity, i.e. to provide privacy (drug suppliers do not cut and cap heroin or cocaine on roads or
vacant blocks. They use premises to protect their activity from exposure).
Are premises used as a shopfront Purchasers are able to consistently attend the same place of purchase. Word of mouth can
spread about a purchasing location (evidence of regular trading from premises should demonstrate this use).
Are premises used for storing drugs There is a distinction between drugs stored in a safe or hiding place (premises used) and
drugs being found in the pocket of a person who happens to be in the premises (premises not used). 190 [original emphasis]
It is further stated that the Act was “not intended to be applied in circumstances in which premises are merely incidental to the supply of a
prohibited drug.” 191 Investigators who are preparing search warrant applications are urged to include “information that links the premises
to supply in some way beyond the fact that the offence occurred on the premises.” 192
4.2.1. Indicia of drug premises noted in search warrant applications
According to the Drug Premises Act, there are eight indicia that may be considered in determining if premises are drug premises. These
indicia are discussed in some detail in the chapter, “Definition of Drug Premises”. It is important to note, however, that police are not
limited to these indicia in determining that there are reasonable grounds to believe that premises are drug premises.
In their training manual on the Act, NSW Police note that most of the evidence of drug premises is likely to be found when police search
the premises. This assertion is supported by our analysis of the limited number of search warrant applications that we were able to review.
In most of the drug premises search warrant applications that we examined, there was minimal reliance on the indicia of drug premises in
establishing the reasonable belief that the premises was being used for drug manufacture or supply. In these search warrant applications,
there was a stronger reliance on intelligence reports from informants or community sources, or police observations of suspected drug
dealing at the premises, and other information, such as the drug related offending history of the occupants. 193
All of the drug premises search warrant applications that we received from Cabramatta noted at least one indicia of the of drug
premises in the Act, but were mostly comprised of details of drug related intelligence on the occupants, or observations of dealing at the
premises. 194 All of the applications referred to evidence of people coming and going from the premises. 195
Three of the four drug premises search warrants that we received from a western Sydney LAC, LAC A, did not mention any of the
indicators of drug premises in the Act. 196 One application noted one indicator of drug premises, the presence of firearms on the premises,
and stated that the occupant was believed to be protecting his illicit drug activities with firearms. This application, and another one,
mentioned people coming and going from the premises. 197
The drug premises search warrant application that we received from the Western Region and the Northern Region did not note any of the
indicators in the Act.
189 NSW Police, Mandatory Continuing Police Education Scheme Package, Police Powers (Drug Premises) Act 2001, November 2001, p. 14.
190 Ibid, pp. 15-16.
191 Ibid, p. 15.
192 Ibid, p. 15.
193 Western Sydney LAC A, drug premises search warrant application 3, notes the occupant’s prior conviction for a cannabis offence, and application
2 notes that one of the occupants had been charged with a number of criminal offences. One of the search warrant applications from Cabramatta,
(re: Maple Street) notes that one of the occupants is a convicted heroin supplier. The drug premises search warrant application that we received
from a LAC in the Greater Western Region also noted that the occupant of the premises had ongoing supply matters before the court.
194 Search warrant applications 1, 2 and 3, Cabramatta LAC.
195 Search warrant applications 1, 2 and 3, Cabramatta LAC.
196 Search warrant applications 1, 3 and 4, Western Sydney LAC A, Greater Metropolitan Region.
197 Search warrant applications 2 (noted firearms) and 4, western Sydney LAC A, Greater Metropolitan Region.
NSW Ombudsman
Review of the Police Powers (Drug Premises) Act 2001 43