QLD How to fight roadside swab test positive thc, hadn’t smoked over 24hrs

Discussion in 'Traffic Law Forum' started by Joshbuck, 4 November 2019.

  1. Joshbuck

    Joshbuck Well-Known Member

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    My brother was driving me yesterday and he was randomly pulled over, we were not told why. Got breathalysed and drug swab tested, it was positive for thc.
    The officer tells us he has reasonable suspicion to search the car my brother and myself, at first he would not tell me what that reasonable suspicion was.

    I’m clean so I needn’t worry, but I said I do not consent to any searches because I’m positive my rights were being violated.
    I’m not sure if my brother testing positive for thc on a roadside swab is enough reasonable suspicion to search him, but my simply being his passenger surely isn’t reasonable suspicion to search myself?

    After finding nothing in the car or my brother and myself he finally told me his reasonable suspicion was my brother’s test being positive for thc and that he was “bouncing his knee” I am not kidding.

    My brother admitted to having smoked a joint 2 nights past even before the swab test. I believe him and it’s likely he hadn’t brushed his teeth in that time :/
    I’ve looked into it and apparently that can give a false positive, because I know he wasn’t under the influence at all.

    How does my brother fight this?
    Was the search illegal and if so can I complain and if I do would anything come of it?
    Or would I just be pulled over more often and harassed for trying to get a cop in trouble for violating my rights?
     
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  2. Adam1user

    Adam1user Well-Known Member

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    I don't have much knowledge in this subject but this is my point of view, your brother has admitted to you that he smoked, and based on my understanding that some drugs take time to be out the human body, so the police had the right indication or suspicion, I think it will be hard to fight this but what he can do is ask for leniency if the situation permits(depending on the situation and the factors that come to play) and the Magistrate/Judge is the only person to decide. I am not a lawyer and this is my point of view only.
     
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