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Police Wrap – 28 July

By johnboy - 28 July 2008 19

This in from the police today:

    1. A 19 year old Weston man has paid the price of skulking in the wrong doorway in Garema Place on Saturday.

    Just after 11pm on Saturday (July 26) police were performing foot patrols in Garema Place when they observed two females and one male standing in a darkened doorway. The two females were aged 17 and 18. Police conducted a search of the male, locating six tablets believed to be MDMA and a sum of money. Police also seized seven tablets from an 18-year-old woman. The male was arrested and charged with supplying a prohibited drug to a child and trafficking a prohibited drug.”

    2. It’s always a worry when the description of offender matches yourself, in this case there were three 180cm caucasians waving a knife around to get a mobile phone from a punter in Kambah on Saturday night. Fortunately they were wearing white shoes and I never, ever, wear white shoes.

What’s Your opinion?


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19 Responses to
Police Wrap – 28 July
thecman 7:42 pm 28 Jul 08

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.

johnboy 6:30 pm 28 Jul 08

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.

DJ 5:56 pm 28 Jul 08

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?

jakez 4:35 pm 28 Jul 08

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.

smack 2:59 pm 28 Jul 08

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

peterh 2:33 pm 28 Jul 08

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

would put a crimp in my skulking…

tortfeaser 2:29 pm 28 Jul 08

Thanks WMC. As usual with a simple reading of the legislation, this only brings more questions. What has been found to be ‘reasonable grounds’? You’ve covered teh serious and urgent problem. As I age, I get more and more pissed off with this kind of power.

Woody Mann-Caruso 2:22 pm 28 Jul 08

can’t I skulk without having police decide they’d like to go through my pockets?

No.

Division 10.4 of the Crimes Act 1900 covers stop and search powers. Section 207 provides:

…if a police officer suspects, on reasonable grounds, that—

(a) a person is carrying, or otherwise has in his or her possession, a thing (the relevant thing) relevant to an indictable offence or a thing stolen or otherwise unlawfully obtained; and
(b) it is necessary to exercise a power under subsection (2) to prevent the thing from being concealed, lost or destroyed; and
(c) it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.

…the police officer may—

(a) stop and detain the person; and
(b) conduct a frisk search or ordinary search of the person for the relevant thing; and
(c) seize the thing if the officer finds it.

One could argue the toss about “serious and urgent” circumstances in court, but it’s likely to fall on deaf ears if you’ve got ecstacy in your pocket.

Skidbladnir 12:24 pm 28 Jul 08

Suprise, there are drug deals going down in the city centre.

The guy hanging around in a doorway was either really stupid or just asking to get caught (Sure, he’s still young, but I think the phrase is “visibly loitering with intent”), and even I know that if you’re going to do something suspicious you do it in the middle of an unsuspecting crowd.

But if foot patrols paid more attention to the crowds and patrons instead of the doorways in Garema Place they’d notice a lot more.

johnboy 12:19 pm 28 Jul 08
tylersmayhem 12:18 pm 28 Jul 08

Apparently a woman stabbed another woman to death outside Charnwood shops over the weekend.

johnboy 12:14 pm 28 Jul 08

Sounds like you’re doing your drunken knee trembling wrong.

neanderthalsis 12:13 pm 28 Jul 08

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?

Anyone who skulks should be immediately imprisoned. Next will be Loitering with Intent Malicious Meandering, Conduct Predjudicial to being a normal human being and unlawful thinking.

But on a slightly more serious note, people in dark doorways are usually doing something untoward, whether it is having a quick drunken knee-trembler with some lass just picked up at the pub or dealing drugs, nothing good happens in dark doorways…

johnboy 12:03 pm 28 Jul 08

Personally I was intrigued that the girl actually carrying the pills seems to have got away scott free.

tortfeaser 11:49 am 28 Jul 08

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?

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