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Friday, November 9, 2001

The Ghost of Mr. Chicken - OR - The Tell-Tale Haggis

"And now—have I not told you that what you mistake for madness is but over-acuteness of the senses?"

The Tell-Tale Heart
(Edgar Allen Paw)

NEW SOUTH WALES (Aus.) — Behold the perfect crime: there were no witnesses; all the evidence had been cleverly stowed—and what sly criminal could possibly be more unassuming than a 52-year-old grandmother from Woolloomooloo?

But now let's jump ahead to this week's climactic police bust as reported by Wednesday's Sydney Morning Herald:

"Carmal Cations [52] had dropped into a bar on Darlinghurst Road after work for a drink with her husband.  She noticed a dog sniffing around her bag.  Seconds later, she was being searched by police. The sniffer dog, the police said, had identified drugs on her.

"While patrons looked on, Cations was forced to empty out the contents of her bag.  The officers searched through everything, even removing the lid of her lip-balm to see whether any drugs were stored inside the small container."

The police found no drugs nor any other illegal contraband upon her person.  According to Ms. Cations, the dog had been drawn to her by the scent of chicken schnitzel.

"Villains!" she shrieked, "dissemble no more!  I admit the deed!—it is the reeking of this hideous sausage!" [Writer's embellishment.]

Well, after all, dogs aren't entirely infallible (if they were, they wouldn't keep falling for the old "fetch-the-invisible-tennis-ball trick").  The fact of the matter is, as former local police area commander Chief Donald Graham puts it, "We don't know at this stage how effective the dogs are because [the use of drug dogs in NSW] is in its relative infancy."

The NSW Police have been using sniffer dogs for about 15 months, employing a total of 14 police pooches which cost around $100,000 AUS ($52,000 US) each.  But the use of dogs has drawn an enormous amount of criticism in recent months from NSW civil libertarians.  The Herald reports that the NSW Council for Civil Liberties has received 750 complaints about the dogs in the past three months.

"Innocent people have a lot to worry about because this attacks their right to walk down to the shops and not be confronted by police," says Peter Zahra, the acting chief public defender for NSW.

Ghost of Mr. Chicken
From the 1966 Classic starring Don Knotts; the digitally-superimposed gate-crasher in the lower left corner is Theresa, a 2-year-old Chihuahua currently residing at the Burwood Pound just outside of Sydney, Australia.  Click here if you would like to adopt/foster Theresa or any of her canine friends down under, sponsored by Pound Animal Welfare Scheme (PAWS). 

Others have complained that the use of drug dogs constitutes an unlawful search.  The Herald reports that on October 31, the deputy chief magistrate at the Downing Centre Local Court, Mary Jerram, noted that under the Drug Misuse and Trafficking Act, police could not search people without reasonable suspicion.

In the case against Glen Darby, a 21-year-old eastern suburbs student who was arrested for having possession of cannabis, Jerram ruled that by using sniffer dogs, police were searching people without probable cause.

The police have since appealed to the Supreme Court, arguing that the dogs cannot possibly be engaged in anything that can be defined as a formal search.  Says Sean Condon, senior police prosecutor at the Penrith Juvenile Court, "The dog isn't using its paws and scrabbling around in people's pockets."

Even so, it may be wise next time for officers to obtain a sniff warrant first.

sniffer dogs
(Photo: Sydney Morning Herald)
Three NSW Police sniffer dogs bear a striking resemblance to legendary gumshoes Joe Friday, Frank Smith and Bill Gannon from TV's
Dragnet.
"Just the facts, mutts."

§§§

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Sources


Syndey Morning Herald


 

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