News · Criminal law explainer
Can police use drug detection dogs in NSW?
Drug detection dogs are a familiar sight at stations, festivals, and pubs, and people often ask whether police can use them and what happens if a dog reacts to them. In New South Wales the power is in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). This note explains where dogs can be used, what a positive indication means, and whether it justifies a search.
By Aaron Kernaghan · Published 3 September 2026
Yes, in defined situations. In NSW police can use drug detection dogs without a warrant at places like licensed premises, public transport, and public events, and elsewhere with a warrant, under LEPRA. A dog indication can give police a reasonable suspicion to search you, but an indication on its own does not prove you have drugs, and a search that follows must still be lawful.
Where can police use drug dogs without a warrant?
LEPRA lets police use a drug detection dog without a warrant in certain places. These include licensed premises such as pubs and clubs, public transport and stations, and public events like music festivals and sporting events, where the general purpose is detecting drug offences.
Outside those defined places, police generally need a warrant to use a drug detection dog for general drug detection. The power is not a roving one to be used anywhere at will.
What does a positive indication mean?
A drug detection dog is trained to indicate when it detects the scent of a prohibited drug. A positive indication can give police a reasonable suspicion that a person is carrying drugs, which can be the basis for a search.
An indication is not proof. Dogs can react to a residual scent, or to nothing that is still present, and indications are not always accurate. An indication is a starting point for a suspicion, not a finding that a person has drugs.
Does an indication justify a search?
A positive indication, together with the surrounding circumstances, can amount to the reasonable suspicion police need to search a person. But the search still has to be lawful, and a strip search in particular has a higher threshold that a dog indication alone may not meet.
Whether a search that followed an indication was lawful depends on the facts. If no drugs are found, that does not make the search unlawful, but a search carried out without a proper basis can be challenged.
What are your rights?
You keep your right to silence. If a dog indicates and police want to search you, you can say you do not consent, though you should not physically resist. You can ask why you are being searched and on what basis.
If police find a small quantity of cannabis or another drug, diversion may be available rather than a charge. Our notes on the cannabis cautioning scheme and the early drug diversion initiative explain those options.
What if you are charged?
If a search after a dog indication leads to a charge, the lawfulness of the search can be an issue, along with the analysis of the substance and the quantity. Possession and supply are treated very differently, and quantity matters.
Get advice before any interview. Our notes on drug possession and deemed supply explain the charges that can follow.
Frequently asked.
Can police use sniffer dogs without a warrant in NSW?
Yes, in defined places such as licensed premises, public transport and stations, and public events. Elsewhere, police generally need a warrant to use a drug detection dog for general drug detection.
Does a dog indication prove I have drugs?
No. An indication can give police a reasonable suspicion to search you, but it is not proof. Dogs can react to residual scent or be inaccurate. An indication is a starting point, not a finding.
Can police search me if a dog reacts to me?
A positive indication with the surrounding circumstances can amount to the reasonable suspicion needed to search you. The search must still be lawful, and a strip search has a higher threshold that an indication alone may not meet.
Do I have to consent to a search after a dog indication?
No. You can say you do not consent, though you should not physically resist. If police have a lawful basis they can search you. You can ask why and on what basis.
What happens if they find a small amount of drugs?
Diversion may be available rather than a charge, such as a cannabis caution or the early drug diversion initiative for small quantities, depending on the drug and your history.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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