Where can police use sniffer dogs?

 In Australia, police can use sniffer dogs to search if they have a warrant.  A warrant is authorisation from a judicial officer to search a particular person or place.

When and where police can use sniffer dogs without a warrant depends on what State or Territory you are in.

• In the ACT and Northern Territory, police can use sniffer dogs wherever they are legally performing their functions.  
• It is similar in Victoria, where sniffer dogs are considered to be like any other tool of the police (such as a breathalyser or radio) and can be used by police generally going about their duties.
• In South Australia and Western Australia, police can use a sniffer dog to assist them in their exercising their powers.  In WA, the use of the dog must also be reasonably necessary. 

• In NSW, Tasmania and Queensland, the police can only use sniffer dogs without a warrant in particular places. Those places are:

1. pubs, clubs and other places where alcohol is served (apart from restaurants);
2. entertainment events, including sporting events, concerts, dance parties & street parades; and
3. some public transport, bus stops and train stations.

 If a sniffer dog sits down next to you, does that mean that the police can search you?

 Generally, there is a difference between police using a sniffer dog and police actually searching you.  There are legal safeguards in place to limit the circumstances in which police can perform a search.  For example, police always have to have a reasonable suspicion that the person has or will commit a crime (such as possessing drugs). This is designed to stop police from searching anyone they like without a reason.

 In NSW, Western Australia, the ACT, Tasmania and Victoria, police must form their own reasonable suspicion that you possess drugs before they can actually search you. A sniffer dog sitting next to you may or may not create a reasonable suspicion – the law is still developing an answer to this question.  For example, if the sniffer dogs are not very accurate, could police have a reasonable suspicion based on the dog’s action?

 It is slightly different in Queensland, Northern Territory and South Australia because the legislation clearly states that if a sniffer dog does sit down next to you, that is enough to enable the police to conduct a search. That is, the dog’s action is enough to give the police a reasonable suspicion. 

 What should I do if the police want to search me?

• Keep calm and be polite. Swearing or behaving offensively to the police will not help your situation. Usually it is a good idea to cooperate with the police and let them search you.
• If the police ask for your name and address, ask them if you must give them this information. If they say you don’t have to, then don’t. If they insist, you should cooperate – otherwise you may be fined. You may also be fined if you give false information to the police.
• You can ask the police for the reason they are searching you, ask for their name, evidence that they are a police officer (if not in uniform) and their place of duty. Try to remember when and where they search you. This information can be important for you to know what is going on, as well as if you decide to make a complaint.
• If you do have drugs on you and you have been taken into lawful custody, the police will need to identify you.  If this happens, you should immediately seek legal advice.
• If you do have drugs, the police may decide to give you a warning or caution instead of charging you with an offence.

If you are arrested, you should immediately seek legal advice.