Police Wrap - 28 July

if the punter was at kambah village, I could expect it. if they were wandering around the suburb, it is a bit harder to rationalise.

ThecMan wrote “On the searching issue, if you are behaving in a manner that suggests you are dealing drugs then the reasonable grounds are met. It’s all part of the larger ACT Policing community harassment program.”

I suggest anyone who disagrees with this needs to watch the following link.

http://www.youtube.com/watch?v=uj0mtxXEGE8

Take a leaf out of the Canberra Times’ book – Work experience kids for court reporters!

CMan, I can see an advertising campaign coming out of your last sentence. Harrassment of the right elements of the community is a thing to be encouraged.

Would argue that it would be more appropriate – given our separation of powers (Police / DPP) for the DPP to report on successful (or failed) prosecutions.

On the searching issue, if you are behaving in a manner that suggests you are dealing drugs then the reasonable grounds are met. It’s all part of the larger ACT Policing community harassment program.

DJ said :

any way of keeping tabs on that JB?

If you can line us up 10 quality advertisers we could put a second journo on and start doing court reporting.

As it is a court journo can spend a lot of time for very little return.

We’ll try and keep an eye on other reports.

Or ACT Policing could start putting out media releases on successful prosecutions which would probably be of interest to everyone.

tortfeaser said :

So skulking is cause for a search? Just what are my rights here, can’t I skulk without having police decide they’d like to go through my pockets?

Taking things a little literally perhaps? If you look like a criminal….

Reasonable grounds (for any number of things) are tested in the Courts all the time. Surprisingly when something is found the grounds are more than justified wouldn’t you agree?

A good outcome I think… now wait for the Court result – any way of keeping tabs on that JB?

Tortfeaser raises a good question. What constitutes ‘reasonable grounds’ is the issue at hand.

I’d be surprised if simply skulking was reasonable grounds. There are two sub issues on that however. Firstly, it’s before the courts so the evidence will be tested. Secondly, in real life police know how to wiggle to make reasonable grounds work for them.

WMC,

I dare say the legislation use would more likley be

Drugs of Dependence Act 1989

188 Searches in emergencies
(1) A police officer may only exercise a power under this section if the
police officer believes, on reasonable grounds—
(a) that it is necessary to do so to prevent the concealment, loss or
destruction of any thing connected with an offence; and
(b) that the circumstances are of such seriousness and urgency as
to require the immediate exercise of the power without the
authority of a warrant issued under section 187 or of an order
of a court.

Tortfeaser,
Reading between the lines, I dare say the Police saw the man deal some drugs and that was why they searched him. Remember the matter is now before the court so that is probably why there is not much detail

what “thing” is the officer likely to seize, if going through my pockets?

would put a crimp in my skulking…