Factsheet: Drug Detection Dogs

An indication given by a sniffer dog does not on its own provide police with the power to conduct a search.

NSW Police Force: Drug Dog Standard Operating Procedures:

• Police may use drug dogs without a warrant on persons leaving or entering a place: being used for the consumption of liquor sold at the premises (but not a place that is primarily used as a restaurant) sporting event, concert or artistic performance, dance party, parade or other entertainment,
• Police may use drug dogs without a warrant on persons leaving or entering public transport or station, platform or stopping place on presecribed route.
• Warrant for use of DDD does not give police the power to place a DDD inside a private motor vehicle in a public place. The area within a motor vehicle is not a public place.
• Police must obtain a warrant to use drug dogs in all other ‘open public areas’.
• Indication given by a DDD does not on its own provide police with the power to search, nor does it suffice for an officer to ‘suspect’ on reasonable grounds’ possession of a prohibited drug.
• If search conducted must be mindful to preserving a person’s dignity by removing them from areas which are in the public view.
• Dog handler must take all reasonable precautions to prevent the DD touching the person and keep DD under control.
• A person should be cautioned the person prior to any questions being asked and upon initiate interaction with DDD.
• When searching, police are reminded to make all attempts to ensure the person’s privacy is maintained and any possible embarrassment to a person being searched is limited.
• Police are not to obtain personal identification details during a search of a person’s wallet or other items by using personal identification (such as drivers licence), unless they have explicit and informed consent to do so.
• If nothing found, person under no obligation to provide their details and police have no general power to detain a person.
• If nothing found, police should immediately inform the person they are free to leave.
• During DDD operation police often locate prescription medication. There is no legal requirement for a person to carry evidence that a prescription drug in their possession was lawfully obtained or supplied.