Gatenby Law
  • Home
  • Our Firm
    • Our Team
    • Our Services
    • Media
    • Work with Us?
  • The Law
    • Drug Offences
    • Criminal Law
      • Assault Offences
      • Property Offences
      • Breach Offences
      • Dishonesty Offences
      • Prostitution Offences
      • Public Order Offences
      • Sexual Offences
      • OMCG and Serious Crime Offences
      • White Collar Offences
    • Traffic Offences
      • Dangerous Driving
      • Careless Driving
      • Disqualified Driving
      • Drink Driving
      • Drug Driving – Driving while relevant drug is present
      • Drug Driving – Drive under the influence of a drug
      • Speeding
      • Unlicensed Driving
      • Hooning Laws
      • Street Racing
    • Licence Applications
      • Work Licence Application
      • Removal of Licence Disqualification
      • Immediate Licence Suspension
      • Special Hardship Order
    • Domestic Violence
    • Police Interviews
    • Bail Applications
  • Contact Us
  • Resources
    • Guides
    • Publications
    • Queensland Police Stations – Contact Details
    • Criminal Convictions
      • Can I ask a Queensland Court for ‘no conviction recorded’?
      • Criminal Record, Recorded Convictions and your rights.
      • Disclosure of ‘no conviction recorded’
      • Applying for a Blue Card with a Criminal Conviction.
  • FAQ’S
    • Costs / Fees
    • Courts We Attend
  • GCL Blog
  • Pages
    • Pages

      • 404
      • About
      • About Gatenby Lawyers
        • Blair Carey
        • Michael Gatenby
        • Work with Us?
      • Alcohol interlock devices
      • Applying for a Blue Card with a Criminal Conviction.
      • Articles & Media
      • Ashleigh Smith
      • Breach of Bail
      • Bree Clarke
      • Brisbane Courts
      • Can I ask a Queensland Court for ‘no conviction recorded’?
      • Character Reference Guidelines – District Court
      • Character Reference Guidelines – Supreme Court
      • CHARACTER REFERENCE GUIDELINES- MAGISTRATES COURT
      • Community Based Orders
      • Community Service – Requirements of Order
      • Consorting – Relevant Offence Definitions
      • Contact Us
      • Contact Us
      • Contact Us / Criminal and Traffic Law Experts
        • Criminal Lawyers Gold Coast
      • Courts We Attend
      • Criminal Convictions
      • Criminal Law – Affray
      • Criminal Law – Aiding Suicide
      • Criminal Law – Assaults Occasioning Bodily Harm
      • Criminal Law – Common Assault
      • Criminal Law – Grievous Bodily Harm
      • Criminal Law – Malicious Acts
      • Criminal Law – Serious Assault
      • Criminal Law Services
        • Bail Applications
        • Criminal Law
          • Assault
          • Breach Offences
          • Dishonesty Offences
          • Property Offences
          • Prostitution Offences
          • Public Order Offences
          • Sexual Offences
          • White Collar Offences
        • Domestic Violence
        • Forms
        • Licence Applications
          • Immediate Licence Suspension
          • Removal of Licence Disqualification
          • Special Hardship Order
        • Police Interviews
        • Traffic Offences
          • Careless Driving
          • Dangerous Driving
          • Disqualified Driving
          • Drink Driving
          • Drug Driving – Drive under the influence of a drug
          • Drug Driving – Driving while relevant drug is present
          • Hooning Laws
          • Speeding
          • Street Racing
          • Unlicensed Driving
          • Work Licence Application
      • Criminal Record, Recorded Convictions and your rights.
      • Demi Quadrio
      • Disclosure of ‘no conviction recorded’
      • Dishonesty Offences – Bringing Stolen Goods into Queensland
      • Dishonesty Offences – Computer Hacking and Misuse
      • Dishonesty Offences – Dealing with Identification Information
      • Dishonesty Offences – Demanding Property with Menaces to Steal
      • Dishonesty Offences – Extortion
      • Dishonesty Offences – Fraud
      • Dishonesty Offences – Money Laundering
      • Dishonesty Offences – Petrol Drive Off
      • Dishonesty Offences – Possess Property Suspected of Being Tainted Property
      • Dishonesty Offences – Receiving Tainted Property
      • Dishonesty Offences – Robbery
      • Dishonesty Offences – Stealing
      • Dishonesty Offences – Stealing as a servant
      • Dishonesty Offences – Unauthorised Dealing with Shop Goods (UTAG)
      • Do I Need A Lawyer?
      • Drug Charges – Permitting Use of Place
      • Drug Charges – Possessing Dangerous Drugs
      • Drug Charges – Possessing Things
      • Drug Charges – Produce Dangerous Drugs
      • Drug Charges – Supplying Dangerous Drugs
      • Drug Charges – Trafficking in Dangerous Drugs
      • Drug Offences
      • EXPERT TRAFFIC LAW ADVICE – (07)55800 120
      • FAQ’S
        • Costs / Fees
        • Forms
      • Fixed Fees
      • Glossary
      • Guides
      • Home
      • Home Page
      • Legal Aid
      • Make an enquiry
      • Media
      • New Client
      • News
      • Offender Levy
      • OMCG and Serious Crime Offences
      • OMCG Laws – Contravene Order to Access Information
      • OMCG Laws – Contravene Public Safety Order
      • OMCG Laws – Contravening Restricted Premises Order
      • OMCG Laws – Habitually Consorting
      • OMCG Laws – Hindering Removal of Fortification Order
      • OMCG Laws – Recruiting person to become member of a criminal organisation
      • Our Firm
      • Our Offices
      • Our Services
      • Our Team
      • Patricija Nedeljko
      • Police Interviews
      • Police Stations We Attend
      • Possess Unregistered Firearms
      • Preparing For Your First Appointment?
      • PROBATION – REQUIREMENTS OF ORDER
      • Property Offences – Arson
      • Property Offences – Break and Enter
      • Property Offences – Burglary
      • Property Offences – Possess Implements of Housebreaking
      • Property Offences – Trespass
      • Property Offences – Unlawful Entry of a Dwelling
      • Property Offences – Unlawful Entry of Motor Vehicle
      • Property Offences – Unlawful Use of a Motor Vehicle
      • Property Offences – Wilful Damage
      • Publications
      • Qld Drug Offences
      • Qld Drug Offences Copy
      • Qld Weapons Offences
      • Queensland Police Stations – Contact Details
      • Services
      • Testimonials
      • Testimonials-01
      • Testimonials-02
      • Weapon Categories
      • What Court Will I Go To?
      • White Collar Offences – Corporate Fraud
Reasonable Suspicion
August 15, 2020

Can the police search my car at a Random Breath Test?

M. T. Gatenby Uncategorized

The trial division of the Supreme Court was called upon to consider whether police officers at a traffic stop had a lawful power to search a car in the case of R v Morrison [2020] QSCPR 19. The facts of that case are that at about 6.50 pm, a police officer observed the applicant’s car exit the car park of the Aspley Hotel. The officer and his partner decided to pull the applicant over for a licence check and a breath test. As the officer was conducting the breath test he noticed at least 10 small clip-seal bags on the front passenger seat.

Presence of Clip Seal Plastic Bags

Having seen the clip-seal bags, the officer decided to detain the car and its occupant for a search. He conducted a search of the vehicle, while his partner searched the applicant. The officer’s search of thevehicle located illicit drugs. Five of the clip seal bags contained quantities of methylamphetamine ranging from 0.225 grams to 2.275 grams. The total weight of the substances containing methylamphetamine was 6.711 grams.  Six of the clip seal bags contained quantities of MDMA ranging from 0.317 grams to 3.507 grams. The cryovac bag contained 13.961 grams of substance. The total weight of the substances containing MDMA was 23.978 grams.

The power for police to search a motor vehicle without a warrant is contained within the Police Powers and Responsibilities Act 2000. A police officer who reasonably suspects any of the prescribed circumstances for searching a vehicle without a warrant exist may, do any of the following [Section 31(1)]. — 

  1. stop a vehicle; 
  2. detain a vehicle and the occupants of the vehicle; 
  3. search a vehicle and anything in it for anything relevant to the circumstances for which the vehicle and its occupants are .

Reasonable Suspicion

In Morrison, His Honour, Justice Applegarth was not persuaded that the mere observation of clip seal plastic bags on the passenger seat was sufficient to ground a reasonable suspicion that drugs were in the vehicle.

The ubiquitous use of clip-seal bags by methamphetamine users and drug dealers does not make it reasonable to suspect that most people with unused clip-seal bags in their cars are in possession of dangerous drugs.

Applegarth J, R v Morrison [2020] QSCPR 19 at 25

His Honour held that it may take little in addition to the presence of clip-seal bags to give rise to the required reasonable suspicion. Matters such as:

  1. The appearance and the demeanour of the motorist;
  2. Roadside or other inquiries that reveal a criminal history or criminal intelligence which links the person to drug use; or
  3. The presence of the person at or leaving a place known to be a location at which drug deals happen.

Discretion to exclude evidence

Justice Applegarth concluded that, the officer’s suspicion was not based on grounds that were reasonable in the circumstances. Accordingly the search was not authorised by s 31(1)(c) of the Act. Having determined that the search of the motor vehicle was unlawful the court was then required to exercise its discretion to determine whether the evidence should be excluded. In considering this issue the Court looked at the following features:

  1. whether the unlawfulness was a deliberate or reckless disregard of the law, as distinct from a mere oversight or accidental non-compliance with the law;
  2. the cogency of the evidence and whether the nature of the illegality affects the cogency of the evidence so obtained;
  3. the importance of the evidence in the proceeding
  4.  the nature and seriousness of the offence;
  5.  the nature of the unlawful conduct;
  6. whether such conduct is encouraged or tolerated by those in higher authority in the police force; and
  7. how easy it would have been to comply with the law.

In the end result the Court found that the police acted in good faith. They honestly believed there were sufficient grounds to search the car and did not act in reckless disregard of the law. The relevant factors, when balanced, strongly supported the admission of the evidence. and the Court declined to exclude the evidence.

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider. This publication is for your information and interest only. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

The receipt of any information from us in this publication is not intended to create nor does it create a solicitor-client relationship between you and Gatenby Criminal Lawyers Pty Ltd.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

Liability limited by a scheme approved under professional standards legislation.

Choking Amendment Bill 2020 Possession of a Weapon in a Public Place – Mandatory minimum penalties.

Related Posts

Youth Justice

Uncategorized

Proposed amendment to Youth Justice Laws.

7A274D49-1316-4B26-8462-07CC9C10CFE8

Laws, Uncategorized

New Gel Blaster Laws for Queensland

Mandatory Penalties

Cases, Laws, Penalties, Uncategorized

Possession of a Weapon in a Public Place – Mandatory minimum penalties.

Contact Details

Office: (07) 5580 0120
Fax: (07) 5580 0952
Michael Gatenby: 0457 999 022

Demi Quadrio: 0477 800 620
Ashleigh Smith: 0477 800 421
Patricija Nedjelko: 0477 800 880

Gatenby Law
Copyright © 2019 Gatenby Criminal Lawyers, All Rights Reserved

News

  • Youth JusticeProposed amendment to Youth Justice Laws.
  • MediaTechnology at Southport Court
  • Grievous Bodily HarmAttorney General successfully appeals GBH sentence .

Southport

Suite 6, Level 2
Excalibur House
52 Davenport St
Southport Qld 4215

Coomera

Suite 3, East Wing
Fortune Place
2 Fortune Street
Coomera Qld 4209

Postal

PO Box 1672
Southport BC 4215