Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Dismiss Notice
Hi Guest, Want peace of mind with personalised legal advice today? Visit LawTap to find the right Australian lawyer and book online instantly.

NSW Criminal Law - Vehicle Search by Police Officer

Discussion in 'Criminal Law Forum' started by James Matheson, 17 November 2015.

  1. James Matheson

    17 November 2015
    Likes Received:
    This may sound like a basic question, but I have been unable to find a conclusive answer. Does a police officer stating that he smells drugs in your car, constitute enough grounds under criminal law for probable cause and thus a vehicle search?
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    "Probable cause" is a term better known to American television than to policing in NSW.

    In NSW, the law talks about "reasonable grounds to suspect". Suspicion is a rather lower measure than "belief", so it doesn't take much to raise a suspicion.

    The Stop, Search, and Seize powers are (mostly) described in the
    Law Enforcement (Powers and Responsibilities) Act 2002.

    One take-away thought...

    Police seem to have this mysterious super-power to smell mull on the clothes, or in the cars, of young blokes, and their mates, who get smart-mouthy with the police.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page