Review of the Police Powers (Drug Premises) Act 2001 - NSW ...
Review of the Police Powers (Drug Premises) Act 2001 - NSW ...
Review of the Police Powers (Drug Premises) Act 2001 - NSW ...
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Case study 2.<br />
<strong>Drug</strong> premises search warrant application, western Sydney LAC B<br />
An operation in response to <strong>the</strong> proliferation <strong>of</strong> drug related criminal activity involving drug manufacturing in western Sydney was<br />
initiated by western Sydney LAC B.<br />
Phase 1 <strong>of</strong> this operation involved <strong>the</strong> execution <strong>of</strong> drug premises search warrants on a number <strong>of</strong> premises. In <strong>the</strong> early stages <strong>of</strong><br />
<strong>the</strong> operation, police had utilised existing intelligence holdings to identify a number <strong>of</strong> premises within <strong>the</strong> suburb that were and still<br />
are actively engaged in <strong>the</strong> sale, distribution and/or manufacture <strong>of</strong> prohibited drugs, principally amphetamines but also including<br />
heroin, cocaine, ecstasy and cannabis.<br />
<strong>Police</strong> <strong>the</strong>n applied for drug premises search warrants in respect <strong>of</strong> a series <strong>of</strong> premises. We received three drug premises search<br />
warrant applications from this operation. Operational Orders described <strong>the</strong> broader objectives <strong>of</strong> <strong>the</strong> operation as including<br />
<strong>the</strong> discovery <strong>of</strong> evidence that each <strong>of</strong> <strong>the</strong> target premises are drug premises and <strong>the</strong> detection and prosecution <strong>of</strong> any person<br />
suspected <strong>of</strong> having committed any <strong>of</strong>fence under <strong>the</strong> <strong>Act</strong>. These operational orders illustrated <strong>the</strong> two-stage process in ga<strong>the</strong>ring<br />
evidence that premises are drug premises that was referred to in <strong>the</strong> drug premises training manual discussed previously in this<br />
chapter.<br />
One <strong>of</strong> <strong>the</strong> applications police from this operation contained <strong>the</strong> following information:<br />
<strong>Police</strong> had received information from a source two weeks prior to <strong>the</strong> date on <strong>the</strong> search warrant application, that occupant A<br />
<strong>of</strong> <strong>the</strong> premises was to receive a large quantity <strong>of</strong> amphetamine and firearms that were intended both for fur<strong>the</strong>r sale and for <strong>the</strong><br />
purpose <strong>of</strong> protecting his drugs and drug proceeds against o<strong>the</strong>r criminals. A week later, police received information from an<br />
anonymous source that a number <strong>of</strong> motor vehicles had been seen arriving at his house, and leaving a short time later.<br />
<strong>Police</strong> <strong>the</strong>n set out intelligence information dating back to <strong>the</strong> middle <strong>of</strong> that year, about both <strong>the</strong> premises and occupant A. Just<br />
over a month before <strong>the</strong> warrant application, police received information from a well connected source that a person, by <strong>the</strong> same<br />
name as <strong>the</strong>ir suspect, had been dealing amphetamines from <strong>the</strong> same house. Similar information had also been received two<br />
months earlier. Information about <strong>the</strong> premises had also come from community sources. In addition, a Crime Stoppers call<br />
passed on information that despite recent police raids on <strong>the</strong> property, business, presumably <strong>the</strong> sale <strong>of</strong> prohibited drugs was still<br />
continuing from <strong>the</strong> same.<br />
Overall, police stated that <strong>the</strong>y had received a total <strong>of</strong> 63 drug related intelligence reports about <strong>the</strong> premises over <strong>the</strong> past year<br />
and a half. The applicant also noted that previous warrants executed on <strong>the</strong> premises had indicated to police that <strong>the</strong> suspect and<br />
his girlfriend had assets which were inconsistent with <strong>the</strong>ir unemployed status.<br />
Case study 3.<br />
Fur<strong>the</strong>r drug premises search warrant application, western Sydney LAC B<br />
Ano<strong>the</strong>r drug premises search warrant application we received in relation to this Operation in western Sydney, relating to premises<br />
A, contained <strong>the</strong> following information:<br />
The search warrant applicant first notes that police had recent information that amphetamines and cocaine were sold in quantities<br />
<strong>of</strong> up to a quarter <strong>of</strong> an ounce from premises A. <strong>Police</strong> also had:<br />
… reliable information from a verified source who has recently witnessed <strong>the</strong> occupant <strong>of</strong> <strong>the</strong> address, [name <strong>of</strong> occupant]<br />
supplying amphetamines from this location.<br />
The applicant notes that above information is also supported by a separate verified source.<br />
Fur<strong>the</strong>r, it is noted that about four months earlier, <strong>the</strong> occupant’s car was seen parked outside <strong>the</strong> address (premises B) <strong>of</strong> a<br />
reputed supplier <strong>of</strong> amphetamines. A search warrant had been executed on premises B two months later, and 50 grams <strong>of</strong><br />
amphetamines, drug related implements and an unlicensed semi-automatic handgun had been found.<br />
Two reports about <strong>the</strong> occupant <strong>of</strong> premises A that were received from anonymous sources are also mentioned. These dated back<br />
approximately one year before <strong>the</strong> drug premises search warrant was applied for. One report had indicated that occupant A was<br />
selling amphetamines to children as young as twelve.<br />
Finally, <strong>the</strong> search warrant application notes that police had reports that linked <strong>the</strong> occupant <strong>of</strong> premises A to <strong>the</strong> sale <strong>of</strong> prohibited<br />
drugs as far back as 1999, and that <strong>the</strong> occupant had also been convicted <strong>of</strong> supplying cannabis in 1998.<br />
<strong>NSW</strong> Ombudsman<br />
<strong>Review</strong> <strong>of</strong> <strong>the</strong> <strong>Police</strong> <strong>Powers</strong> (<strong>Drug</strong> <strong>Premises</strong>) <strong>Act</strong> <strong>2001</strong> 45