At music festivals, train stations and pubs and clubs across Sydney, thousands of people have been subjected to humiliating and invasive strip searches at the hands of police.

For background: In 2001, a law was passed in New South Wales giving officers the power to deploy drug detection dogs at major public events, venues that serve alcohol and on selected routes across the state’s public transport network (later expanded to include all stations on the Sydney Trains Network). This legislation was introduced by the Labor party in New South Wales and passed with bipartisan support from the Coalition.

In 2006, a review published by the New South Wales Ombudsman found that there were significant problems with the way drug detection dogs were being used by NSW Police. Chief among them was the fact that most people stopped by the dogs simply didn’t have any drugs on their person, and the ones that did were mostly being found with small amounts of cannabis in their possession.

The law giving officers the power to deploy drug detection dogs was originally passed with the aim of combatting drug supply, however the Ombudsman had found that the dogs were an “ineffective tool for catching drug dealers” and had called on the government to consider whether the legislation “should be retained at all”. Despite the Ombudsman’s concerns, no action was taken and the dogs were allowed to remain in service with NSW Police.

It's not clear when things began to change, but in 2014 several stories were published which alluded to what was already happening, namely that NSW Police had routinely begun using indications from drug detection dogs as a justification for conducting strip searches. There are reports of this happening at train stations and pubs and clubs, however most incidents have allegedly taken place at major public events where the dogs have been present, such as music festivals.

Once partially or completely naked, attendees at these events have been ordered to do things such as bend over, spread their buttocks apart or “squat and cough” to dislodge any concealed items. Male attendees have been told to lift their genitals and female attendees have been ordered to lift their breasts. Some women have also reportedly been asked to remove or show tampons to officers as well. Many people have alleged that they were not asked for consent nor told what was about to happen before a strip search was conducted, instead recalling that officers simply ordered them to begin taking their clothes off.

It's time for the state government to establish a Royal Commission that would have the power to:

Refer allegations of unlawful conduct to the Office of the Director of Public Prosecutions:

The law in New South Wales states that officers may only conduct a strip search outside of a police station if the “seriousness and urgency” of the circumstances require it. Given the unreliability of the dogs, the Ombudsman had recommended in 2006 that NSW Police guidelines be amended to state that a drug detection dog indication alone did not provide officers with a “reasonable suspicion” to conduct a search. This recommendation was adopted, however in practice, officers have routinely used indications from drug detection dogs as a justification for conducting strip searches, in addition to pat down searches and bag searches as well.

Concerns have also been raised about the locations used by NSW Police to conduct strip searches at major events. Depending on the venue, officers have employed the use of structures such as tents, ticket booths, police vans and makeshift partitions to conduct these searches. In some cases, NSW Police have admitted that these structures were not private, such as tents that “didn’t properly close” or ticket booths that were left unlocked on the grounds of “officer safety”. In some instances, female music festival attendees have also recalled situations where male officers had walked in on them while they were in the process of being strip searched as well

Investigate the use of drug detection dogs by New South Wales Police

Figures provided by NSW Police have consistently shown that most people searched after a drug detection dog indication have not been found with any illicit substances on their person. In some cases, it’s been suggested that the dogs may have mistakenly reacted to false positives such as food odours, prescription drugs or previous contact with animals.

In a complaint made to the Ombudsman in 2006, a woman had suggested that a drug detection dog may have reacted to her because she was menstruating at the time. In the limited number of cases that have been reported by the media, several women who have been strip searched by NSW Police and subsequently found with no drugs on their person have also recalled being on their period as well.

In other instances, people have alleged that they were searched despite a drug detection dog not sitting down to signal a positive indication. It’s not clear how prevalent the practice is, but there have also been reports of police dog handlers falsifying indications to justify searches. It’s been alleged that handlers will do this by using tactics such as clicking their fingers, pushing on their dog’s behind or by verbally ordering their dogs to “sit”.

Every week in Sydney, commuters turning up to train stations are forced to walk past drug detection dogs as they're being watched by police. 

Every weekend in Sydney, we’re the only city in the world where teams of police march into pubs and clubs with drug detection dogs and walk around sniffing patrons.

At every music festival in Sydney, people wrongly singled out by drug detection dogs have been left distraught and humiliated after being led away from their friends and forced to strip naked in front of officers.  

It’s simple. Innocent people should be able to go about their business without being treated like criminals. For far too long in Sydney, this hasn’t been the case. It’s time to put an end to routine drug detection dog operations in New South Wales and it’s time for officers who have broken the law to be held accountable. It’s time for a Royal Commission.