Guilty - But Without Any Evidence !

Our justice system is based on the premise that we are " innocent until proved guilty " and that means either a magistrate or a jury makes that decision when we appear in court.   If an accused is considered a risk to others or a flight risk they may be held on remand in a prison until that court appearance.

Many legal minds are expressing concern at a new police tactic that will be implemented at a coming music event that will be attractive to young people.   The police intend to site sniffer dogs at the concert entrances and deny entry to any person a dog indicates may emit a drug scent by sitting beside them.  They will not be arrested, but they will be denied the entry that the ticket they have bought for $128 would allow.

The legality of that refusal is questionable.  The police contend that sniffer dog indications mean that the person has recently had contact with drugs, regardless of whether they are now actually being carried. This seems to be refuted by the outcome of sniffer dog events which led to the search of the person indicated. In 2011 the police carried out 14,102 searches as a result of sniffer dog indications and of those 11,248 disclosed no drugs.   That is an eighty percent failure rate.

It is very easy for an innocent person to be tainted with a drug scent.  Simply passing through a room in which marijuana has been smoked will leave enough on their clothes for the dogs nose to detect and the sight of police sniffer dogs at a venue entrance may cause some drug users to panic and drop Ecstasy on the ground  rather than take the risk.   Other patrons stepping on and squashing these drugs would certainly have a shoe scent that would alert sniffer dogs.

Patrons denied entry would have a very good reason for anger.  Music events with top line artists are quickly sold out and the price of tickets is high.  It is not unusual for fans to camp out for days to be first in line and then to be denied entry on the vagaries of a sniffer dog would seem an assault on their civil liberties.

Presenters of this dance music festival - Above and Beyond - have stepped in and promised that they will provide on the spot refunds for those tickets disallowed by police.  At least the money loss can be compensated, but it is highly likely that the main cause of entry restrictions will be the detection of Marijuana - and that has long passed being considered a dangerous substance.

Here the police simply issue a caution when they detect small quantities and in other parts of the world it is rapidly becoming a legal product.  This new police tactic is obviously an over reaction which will simply annoy people and do nothing to stem the import of the drugs that cause loss of life.
The tactic must be subjected to a legal challenge !