Source: Advertiser, The (Australia) Contact: Sat, 23 May 1998 COURT RULING PUTS SNIFFER DOGS BACK ON THE JOB POLICE will be able to use sniffer dogs in random searches again, following a ruling of the Full Court of the South Australian Supreme Court yesterday. The decision came after a drug case was thrown out earlier this year by a District Court judge who ruled the use of the dogs was unlawful. Judge Allan ruled a police search of a man's baggage on board a bus – where a sniffer dog had uncovered drugs – was illegal because there was no prior reasonable suspicion that the luggage contained drugs. He said the police needed to ask the man's permission to conduct the search. The man accused remains acquitted but the Director of Public Prosecutions, Mr Paul Rofe, QC, took the case to the Full Court to be considered as a matter of principle. Mr Rofe argued a search was only illegal if it involved trespassing and this did not include "sniffing the air in the bus" baggage compartment. However, Mr Peter Waye, for the defence, said using dogs was illegal because it was an unlawful search without reasonable suspicion. He claimed sniffing the air around the bag was a search, like using X-ray equipment in airports, which he said would also be unlawful had it not been authorised through legislation. Justice Olsson said Judge Allan erred because the police had acted lawfully by gaining permission from the bus driver. "When the accused gave his bag to the driver it was being carried in an area controlled by the driver," Justice Olsson said. "Therefore the driver was entitled to the physical control until it was reclaimed by the passenger, and any search was clearly lawful." Justice Olsson said the suspicion arising from the use of the sniffer dogs was then enough to warrant a lawful search of the bag. The ruling will allow police to continue using the dogs for random drug searches – a practice which had been suspended since the District Court decision in March. Superintendent Ron Jackson, officer in charge of the Operations Services Division, said SAPOL would consider all of its options after reading the full details of yesterday's decision. - --- Checked-by: Mike Gogulski