VIC Police Arrest for Possession of Drugs and Resisting?

[Linda101]

Hi, my boyfriend was questioned in a car park by police as they thought he was under the influence from alcohol or drugs. After he told them he was sleep deprived, he did a drug test, which was negative. They were unable to give him a breathalyser on site for some reason, so they wanted to take him to the station as they believed "he must be on something". After again telling them that he was sleep deprived, they searched the car, which turned up a small amount of white powder (panadol) and a tobacco rolly. When he went to touch the rolly, saying it was tobacco, he was grabbed around the neck, so he pushed off the officer and then subsequently had 5 officers on top of him. He has now been charged with resisting arrest, heroin and cannabis possession. The breath test at the station was also negative. The police were already at the car park as there were a group of drunk people there. Can they take you to the station without a preliminary breath test? Can they grab you around the throat? anyone would get pushed away, its instinctive. And when the results come back as negative (for the supposed heroin and cannabis) can the whole thing be dismissed?
Thanks in advance

 

[Michael T]

The Legal Aid Victoria page covers arrest, breath and drug tests and behaviour around arrests: Being arrested | Victoria Legal Aid - In terms of being arrested, a person must go with the police if they're under arrest and if you try to stop going with the police, then the police can charge the person with resisting arrest. If he wasn't in possession of drugs and the results come back that he's clean, then they won't be able to prove he's guilty of the drugs charge.

 

[Sarah J]

Hi Linda101,

It is best to speak with a lawyer about this. You can start by contacting Legal Aid and your local community legal centre (the Fitzroy Legal Centre has drop in sessions that do not require a prior appointment).

As Michael T has stated, police have power to take someone to the police station to do a drug or alcohol test. This can be when they have done a preliminary breath test, but also when a preliminary breath test is not practicable. Police most likely took your boyfriend into custody for suspecting possession of drugs. At the police station, if his "suspected drugs" later turn out not to be addictive drugs and he later turns out not to have any drugs in his system, police will not have enough evidence to hold him or to arrest him. If your boyfriend is innocent of drug offences, then chances are he will be dismissed by the police.

Keep us updated on how this all progresses.

 

[Sarah J]

Further, if your boyfriend believes he has been treated unfairly by the police officer, he can lodge a complaint with:

• Independent broad-based anti-occupation commission (www.ibac.vic.gov.au; phone: 1300 735 135), or

• Commonwealth Ombudsman (www.ombudsman.gov.au; phone 1300 362 072)

 

[Rod]

Was your boyfriend told he was under arrest before being grabbed?

BTW, you need to keep in mind that if the police fear for their safety they are allowed to 'protect' themselves.

The force they use must be proportional to the situation (eg they can't pull out their gun and shoot you if you threaten to punch them in the mouth).