Last year, one of our readers sent me an article about one of two pending appeals in the Supreme Court of the United States about the use of drug-dogs and the admissibility of searches and seizures based on drug-dog indications.The two appeals are Florida v Jardines and Florida v Harris. An overview of the cases …
Continue reading Nose for crime or just bad scents? Drug dogs and the search-or-sniff dichotomy
Where a specific power exists, that power ought be preferred. But where a specific power exists, that doesn't (without more) invalidate the existence of a more general power.G A, MM & P J v The Queen provides a simple demonstration of the principle. There is a specific warrant to search a vehicle for drugs available …
Continue reading GA, MM & PJ v The Queen [2012] VSCA 44: Acting without warrant
Where a specific power exists, that power ought be preferred. But where a specific power exists, that doesn't (without more) invalidate the existence of a more general power.G A, MM & P J v The Queen provides a simple demonstration of the principle. There is a specific warrant to search a vehicle for drugs available …
Continue reading GA, MM & PJ v The Queen [2012] VSCA 44: Acting without warrant
Every day at metropolitan court houses in Victoria we see the unedifying sight of police and lawyers being searched before they're permitted inside. (This doesn't occur at some country venues simply because there aren't any security guards employed for this at all venues.)The basis for this is s 3(3) of the Court Security Act 1980, …
The Justice Legislation Amendment (Protective Services Officers) Bill 2011 has been read a second time in the lower house. The speech is here. The Explanatory Memorandum is here and the Statement of Compatibility is here.The Bill extends to Protective Services Officers a range of powers that were previously only available to sworn police officers. These …