NSW Being Forced to Undergo Drug Test by Police?

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Ert1023

Member
22 July 2018
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Hi all,

Recently, me and a friend were dragged out of a festival for smoking cigarettes (indoors so obviously not allowed) and brought to a room with police, security and a drug safety team, among other questionable occurrences like phones and food being taken off people.

The main issue I had was their claim that me and a friend “had” to undergo a drug test. Upon asking police further questions, I was simply met with threats, so I was wondering if in the situation they had grounds to make us do the tests?
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Nope the cops are bullies.

Have a read.
NSW Police tough new drug dog strategy could be illegal, lawyer says

Cops will not tell you that the test is voluntary and that they can't compel you to do the thing and they can't arrest you or do diddly squat if you refuse... They probably had the right to write you a ticket for smoking in a designated non-smoking area and that should have been the end of it.

So lets assume the drug test came back dirty filthy... Pot, cocaine, ice, the lot. You have not committed a crime. But you're name will be on the police data-base for future reference. But what they did was not unlawful. They asked you for a drug test and you complied... You could have said nope and I reckon they then would have given you the ticket for smoking...

Not quite Nazi Germany. True. But definately a lesson in police overstepping their authority.

Next time? do the same thing.... Argue with them and they will write the ticket for smoking and probably find a way of finding some other charge or two to hit you with.

Next time? Don't smoke... I saw a packet of ciggies the other day... Apparently they can kill you....
 

Bill Murray

Well-Known Member
6 June 2018
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454
I don't even understand what use the test is.

It's a huge waste of resources. NSW is weird.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
...grounds to make us do the tests?
I wonder if t was a T&C of admission that you consented to undergoing drug testing...?
 

sammy01

Well-Known Member
27 September 2015
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Oohhh that is interesting... But - what has it to do with the cops? What law can they charge you with? Suppose they could kick out of the venue if the test came back positive.... But are the cops gonna keep that info on file?
 

Bill Murray

Well-Known Member
6 June 2018
159
19
454
Nothing.

It's not illegal to be high.

Tim W raised a decent point - it's likely a condition of admission that is agreed to when you buy the tickets. The venue could even be paying for the test.

The cops then saying if you want to go in you must take this test would be accurate.

And of course it'll be kept on file. Every interaction you have with the Police is kept on file.