A Typical Drug Bust?
Below is a typical drug bust scenario of how Police search a home legally and obtain evidence, seek admissions and make a case.
This scenario can describe how charges are created.
ETB Legal have represented a number of clients for drug busts and created a typical scene for you below to read easily.
We have attended all NSW Local courts, including typical Sydney based courts such as Liverpool local court, Burwood local court, Kogarah local court and Sutherland local court where these offences begin and then proceed to the District court.
Police can attend with a warrant and search your home.
The suspect lives in Sutherland near the Sutherland local court.
- Police attend a house they have been watching with a warrant to search it, as they suspect the house is used to store drugs and that persons come to the house to buy drugs.
- They attend with a few police and record the interaction with the owner of the house on a hand held video recorder.
- They read the warrant to the owner of the house and record what they say.
- They then proceed to search the house while recording the search.
- They asked the offender if he had anything in his house, he responded ‘yes, he has a bow and arrow’.
- The offender was also seen to be shining his laser pointer the night before at the trees. Police located the laser pointer in the garage.
- Police searched the inside of the roof and found bags of white powder and pills.
- The bags were weighed, photographed and seized and police did this with the video recorder on.
Additionally,the client was also seen driving while police watched the house over the last month.
The car he was seen driving was located in the garage. Police asked him if he used and owned the car.
Police located a number of papers in the search, showing the suspect paid for the car to be registered.
The Police also located receipts of petrol in the car. Police later attended the petrol stations and found CCTV footage of the client driving into the petrol station and buying petrol.
The Police arrest the suspect.
The suspect’s 4 year old child is in the house as it is school holidays. The child’s mother is called to collect the child.
The quantity of drugs and weapons allows police to arrest the suspect and he is then required to appear before Sutherland local court as soon as possible, so he can apply for bail.
Bail is difficult to seek and the Magistrate at Sutherland local court will consider the application based on the client’s record and other factors.
How the Police work out how to charge him:
- Supply of drugs (given the large quantity of what police suspect is a drug)
- Possession of drugs
- Proceeds of crime as the police find cash to the sum of $250.00
- Drive while disqualified – it is found that the suspect was disqualified from driving, due to various speeding offences and loss of demerit points
- Weapons – the suspect has a bow and arrow and a laser light – this charge alone can attract a 14 year term of imprisonment
What your defence lawyer should consider and do:
- How many people have accessed the house
- Check the warrant
- The client will be also charged with having a child in the house with drugs
- The clients admissions to police that have been recorded. These admissions can lead to the client seeking leniency for being honest and forthcoming with police
- The quantity, purity and type of drug
- Can the client be declared as a habitual driver?
Some issues can be dealt with in the Sutherland local court, as they are not as serious.