3 Drugs, Alcohol and MH Flashcards
Who or what can you search using s20, SAS?
Not practical to obtain a SW
RGTB - due to the invasion of privacy must be more than suspect
Are IN or ON the PLACE or VEHICLE
Controlled drugs P1 S2, P1 S3, P3 S4 and PRECURSORS
Suspect an offence against MODA has is or about to be committed
AND
If entry or search is not carried out IMMEDIATELY evidential material will be CADD concealed, altered, destroyed or damaged
** You should get approval from a Sgt for drug searches unless impracticable **
What power does s21 SAS provide?
If you have invoked s20 (search PLACE or VEHICLE) may without warrant search any PERSON found IN or ON the place or vehicle
What power does s22 SAS give you?
RGTB - due to the invasion of privacy must be more than suspect
PERSON is in possession of
DRUGS in S1, P1 S2, P1 S3 or PRECURSORS
AND
Suspect an offence against MODA has is or about to be committed
Search a PERSON
Cant use s22 to search a person or vehicle
** You should get approval from a Sgt for drug searches unless impracticable **
When can you do an internal search?
Can only search MOUTH with consent
Cannot conduct an internal search of any part of the body
Cannot require any one else to do an internal search ie Dr
If you are searching under s20 SAS can you search all the passengers or just the driver?
Can search anyone in or on the vehicle or building
RGTB - due to the invasion of privacy must be more than suspect
They are in possession of a controlled drug specified in the act
AND
suspect that an offence against MODA has occurred
** You should get approval from a Sgt for drug searches unless impracticable **
What is an internal search?
An internal examination of any part of a persons body.
It includes Xray, Manual or Physical examination through any body orifice.
Police can search a mouth with CONSENT but cant put anything (fingers, mirror etc) inside the mouth
Can you a torch, magnifying glass etc but cant put anything inside an orifice
Who can conduct an internal search?
A Dr or registered medical practitioner
When can a constable require a person to undergo a internal examination?
When they have RGTB a person has certain property secreted within their body AND they are under ARREST for a MODA offence
What was found in HOETE v R?
Involved two constables being called out for a job to a person parked up in a car. They got more info from informant, QP which showed prev meth history, location of his car and observations of him.
Using all of they they searched him and the car for drugs,
Found precursors and a SD card
He was charged with drug stuff
SD card examined, which led to another charge of manufacturing meth
Court found that Police had RG to establish grounds for a warrant-less search
(cumulative effect of multiple factors)
BUT had NO REASON to search SD card and found that the info on it was IMPROPERLY OBTAINED
But declared the info admissible as the probative value outweighed the impropriety
Appeal dismissed
What was found in MERRETT v R?
Police searched Ms house without warrant
Charged him with manufacturing meth
Court found that the 5 day delay between delivery of package and the SW should have been shorter
M was a mere recipient for the importer
Search UNREASONABLE BUT exclusion of evidence would be DISPROPORTIONAL to breach of right involved
Appear dismissed
What was found in HILL v ATTORNERY GENERAL?
A TAXI owned by HILL was stopped by Police
Police searched taxi without warrant
HILL said search was unreasonable
S20 SAS does NOT include EVERY DRUG
MUST turn your MIND to WHAT DRUG you are searching for
RGTB also inc personal observations, credible info, time, place and circumstances
RGTB drug is there AND what type of drug it is
What was held in COLLINS v POLICE?
Driver was approached by Police after driving very slow
Accused was dry swallowing, rubbing tounge over lips, was nervous and anxious.
Signs consistent with someone recently ingested drugs
Searched car found class A drugs
Court found that evidence of DEMEANOUR and APPEARANCE does NOT provide GROUNDS for RGTB
RGTB - due to the invasion of privacy must be more than suspect
What was held in R v T?
Police executed a SW
Saw defendant put something into mouth
Refused to spit it out
Was laid face first on bed, and spat out 17 morphine sulphate tablets
Court found NO INTERNAL SEARCH
Allowed to see what can NORMALLY be seen from NORMAL observation and when MOUTH is OPEN for SPEECH
However ACTIONs following an observation should not go beyond what is reasonable necessary
What was held in R V ROULSTON?
Defendant was strip search
When removed underwear small package dropped out
He put it in mouth and refused to spit out
Police applied pressure to throat and blocked nose
Due to this package was spat out
Court found placing package in mouth was an attempt to invoke an internal search
Officers wanted to prevent him ingesting drugs putting his life and health at risk
and secure evidence
Was not an internal search as no fingers or any instrument entered his mouth
Can use reasonable force to extract package
S41 CA can use force to prevent suicide or SERIOUS INJURY
What was held in Sneller v Police?
Charged with Obstruction after putting something in him mouth and refusing to spit it out.
When he did spit it out, it tested negative for drugs
A search of the mouth REQUIRES CONSENT
Is allowed to decline request to search mouth
Nil obstruction as was PASSIVELY resisting
Forcing someones mouth open is constituted as an INTERNAL search
What is a HAZARDOUS Substance as per the HSNO Act?
TOE CEF
T Toxic
O Oxidise
E Explosive
C Corrosive
E Eco Toxicity
F Flamable
What is a NEW ORGANISM as per the HSNO Act?
REG NNCC A organism that is: R Released with controls E Eradicated from NZ G GM Modified
N Not present in NZ before 1998
N Not present in NZ relevant regulation
C Conditional release
C Containment approved
What is the definition of an EMERGENCY as per the HSNO Act:
Actual or imminent danger to human health or safety
A danger to the environment or chattels so significant that immediate action is required to removed the danger
Arising from a HAZARDOUS SUBSTANCE OR NEW ORGANISM
When may a HSNO emergency be declared?
Any enforcement officer RGTB there is an emergency AND no state of emergency has been declared under the FENZ, Civil Defence Emergency Management Act, Bio security Act or no other enforcement officer has declared and emergency.
If you declare an emergency under the HSNO Act what power does it give you?
Enter any dwelling or premises
Removed the cause of the emergency
Stabilise the situation to limit effects
Protect H&S of ppl, chattels or the environment of the effects or likely effects
Direct any person to stop any activity which may contribute to the emergency
Request any person (either verbally or in writing) to take any action to prevent or limit the extent
Direction any person to leave any place
Direct any person to refrain from entering
Requisition any property for use
Destroy any property to prevent or limit the extent
Secure the site for up to 24hrs past the immediate danger point
If you declare an emergency using the HSNO Act, what 3 things do you need to do?
ID yourself to anyone in the vicinity
AND
State your authority to exercise emergency powers
AND
Announce the nature of the emergency and the area likely to be effected
When would an emergency declared under HSNO act be finished?
48 hours after declaration
OR
When Civil Defence declares a Sate of Emergency
OR
when FENZ exercise their power OR
when an emergency is declared under the Bio-security Act
