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

5.7.6. Cars as drug premises
As we have noted above, the definition of drug premises provided in the legislation can also include a vehicle. 400
Over the review period, there were four instances in which cars constituted identified drug premises - three in Cabramatta, and one
relating to a use of the Act by the State Crime Command. An incident in which the Drug Premises Act was used in relation to a car is
documented in Chapter 6, “The Drug Premises Act - new offences”.
5.7.7. Motel room as drug premises
On one occasion, the Drug Premises Act was used in relation to a motel room. However, while drug premises charges were laid a Part 2
search warrant (rather than a drug premises warrant) was obtained to conduct the search. Police advised us it was not until the warrant
was executed that it was “clearly evident that the premises were being used, or established for, the sale of illicit drugs”. 401
When police entered the room, they found Mr A, who was alleged to have been involved in drug supply, Ms B, their four children, and
another man, Mr C. Police then secured the premises, gave the occupier’s notice to Mr A, and commenced the search. One of the
searching officers recalled immediately noticing a pile of used and unused syringes on the bedside table, next to the bed where Mr A had
been sleeping when police entered the unit. 402
Police asked Mr A if he had any drugs in the unit, and he pointed to a black pouch on the bedside table. The pouch contained 42 sealed
plastic bags, some held heroin, others amphetamine. There were also spoons, swabs, sterilised water, gelatine caps, and hundreds of
syringes found in the motel room. Scales, a mortar and pestle with white powder in it and small pieces of coloured plastic similar to the
packaging used for the other drugs located were also found on the premises, as well as a note pad with the names of known drug users
and dollar amounts of $50 and $100 recorded beside each name. Two bags containing a large quantity of white tablets inside were also
located.
It was established that some of these items belonged to Mr C, including several fit packs and two satchels of amphetamine or washy 403
that were found in the pocket of a pair of shorts. Mr C also told police he had injected amphetamines while he had been staying in the
unit. When he was later interviewed by police, the following allegation was put to him:
Police: Do you realise that to us, as outsiders, it looks as though both these premises were set up as a drug supply location
[Mr C]: No s..t.
Police: You know what I’m saying, you walk in there, you find a lot of drugs, you find a lot of needles and all that.
[Mr C]: I was only staying there helping him out…[with the children]. 404
There were also a number of mobile phones in a bag in the cupboard, and eight cards with Mr A and Mr CAS name and several phone
numbers written on them. Police alleged that these were similar to business cards to be given to prospective customers. 405
Police also told Mr A that they believed the drugs were for the purposes of supply, and appeared to be packaged for that purpose. In
response, according to a police statement, he told police that he had a “bad drug habit”. 406 Police then put it to him that the amount of
drugs and paraphernalia located would “suggest that it was not for his personal use and suggested that if he used drugs on such a basis
he should have significant injection marks.” 407 According to police, he could not show them any track marks.
In the event narrative, police summarised their conclusions about the activities at the holiday apartment:
Police believe that due to prior intelligence, observations and the sheer amount of prohibited drug, drug paraphernalia, and
associated articles that the defendant [Mr A] and [Mr C] were conducting a drug house. It is believed that due to the large amount
of used syringes and paraphernalia in the premises that persons would enter the premises, purchase and use drugs within and
then leave. 408
400 Police Powers (Drug Premises) Act, s. 3(1).
401 Interview, police officer, Northern Region, 14 November 2003.
402 Police statement, Northern Region, Drug Premises Incident 5.
403 There were only small granules of amphetamines inside the satchels.
404 Police ERISP interview, Northern Region, Drug Premises Incident 5, p.34-35.
405 COPS event narrative, Northern Region, Drug Premises Incident 5.
406 Police statement 1, Northern Region, Drug Premises Incident 5.
407 Ibid.
408 COPS event narrative, Northern Region, Drug Premises Incident 5.
NSW Ombudsman
Review of the Police Powers (Drug Premises) Act 2001 77