QLD Personal Searches - Does Prior Drug Driving Charge justify Reasonable Suspicion to Conduct Search

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17 September 2018
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Trying to find some information about being stopped and searched by police in QLD. Any help would be much appreciated. (QLD)

The Situation:

I just pulled up at a petrol station and just after getting out to walk inside, an unmarked police car stopped next to me and two uniformed police officers got out and asked to see my drivers license, asked where I was going and said I was being detained for the purpose of a search.

I presented my license, stated my name and address as required and asked if I had done something wrong / if there was a reason for being stopped and searched. The officers said that from checking my rego they saw I had a prior drug driving charge (swab test / 1 month disqualification) and my address was a known drug location. I moved into current address with parents 10 months ago and havent had any issues. Police have visited twice recently regarding domestic dispute at neighbouring house however.

After search I was charged with posessing utensil and small quantity of drugs on person. My car was also searched. I requested to call a legal hotline, police then gave me paperwork and left while I was still on hold waiting for legal advice.

Was this search done legally?
Do prior convictions and / or address count as reasonable suspicion?

Any advice would be appreciated.

Thanks
 

sammy01

Well-Known Member
27 September 2015
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yes... You're on file.
And you lost any possible argument when they found stuff... They will say, you looked dodgy, you pulled into the petrol station and in their view you did so because you saw their uniforms etc etc. Short version. You're not gonna win...