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Sgt CPK exam 2024 > 3. Drugs, Mental Health, Alcohol > Flashcards

3. Drugs, Mental Health, Alcohol Flashcards

1
Q

Entry to a Clandestine Laboratory

A

Unplanned entry- do not touch, move, handle, disconnect, deactivate or operate anything.

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2
Q

Approval for drug related searches - SASA 2012

A

Unless impractical in the circumstances, obtain permission from sergeant or above to execute warrantless drug search.

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3
Q

s19. SASA 2012

A

WARRANT - Search of persons in relation to misuse of drugs ac 1975 offence search warrants.

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4
Q

s20. SASA 2012

A

Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
Does not authorise entry to search place or vehicle

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5
Q

s23. SASA 2012

A

Internal search of person under arrest for offence against s6,7 or 11 Misuse Drugs Act
-xray or orifice search
-Does not include visual of nose, mouth or ears by custody search

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6
Q

Circumstances requiring internal search

A

6.Dealing with controlled drugs
7. Posession and use of controlled drugs
11, theft etc of controlled drug
AND
Constable has reasonable grounds to believe person has secreted within their body

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7
Q

Internal search

A

MUST be conducted by a medical practitioner
Suspect MUST consent

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8
Q

s24. SASA 2012

A

If person refuses internal search, the court can decline their bail application and order them to stay in custody for 2 days or until they permit the exam.

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9
Q

s81. SASA 2012

A

Searches of persons, places and vehicles relating to deliveries under 12 Misuse of Drugs Act Amendment 1978
Only during the course of delivery and not once delivered

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10
Q

s124. SASA 2012

A

Internal searches are generally prohibited unless constable authorised under another enactment

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11
Q

Law Note
Hill v Attorney General 1990

A

Comment - s20 SASA
Section is specific for drugs in the First Schedule
Reasonable ground for belief is two steps- Belief that the drug is in the house, vehicle etc AND
Belief the drug involved is the one specified in the circumstances

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12
Q

Law Note
Collins v Police 2007

A

56 Search, demeanour, appearance and ‘reasonable grounds to believe’
Although demeanour and appearance are reasonable grounds to suspect they have recently consumed drugs, it is not grounds to believe there are drugs in the vehicle or place.

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13
Q

Law Note
R v T 1996

A

Internal Search
As the appellant had the package in her mouth of which could be seen when talking, this did not amount to an internal search.

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14
Q

R v Roulston 1998

A

Internal Search -
Did not amount to an internal search as the mouth is not treated in the same regard as other orifices. The officers were primarily concerned for the welfare of which was under risk if the drugs were ingested. Appeal was dismissed

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15
Q

Sneller v Police 2007

A

Internal Search s124 -
Forcing the mouth open constitutes an internal search. S was within his right to refuse an internal search

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16
Q

s2. Mental Health Act 1992

A

Interpretation:
- Mental disorder in relation to any person means an abnormal state of mind, characterised by delusions, or by disorders of mood or perception or violation or cognition.

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17
Q

s38. Mental Health Act 1992

A

Assistance when person may need assessment.
- Anyone who believes someone is suffering from a mental disorder they may request assistance from a Duly Authorised Officer.
If DAO deems examination is required they:
-Issue a certificate under s8B(4)(b)
-Apply s8A for assessment of the person
-Arrange for assessment to be conducted under s9.
Can ask for Police assistance under section 41 if that person refuses treatment/assessment

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18
Q

s41. Mental Health Act 1992

A

DAO may call assistance from a constable who:
-May enter the premises, with a warrant unless impractical to obtain warrant, if not in uniform, must present i.d.
-May detain the person for up to 6 hours in that place, or take them to another place for a period of 6 hours or however long it takes for the assessment to take place.

19
Q

s109. Mental Health Act 1992

A

Police powers in relation to person appearing to be mentally disordered in public place.
Public interest or interest of the person may detain and take the person to some appropriate place and arrange for medical practitioner to assess the person.

20
Q

s110c. Mental Health Act 1992

A

Powers of Police when urgent assistance required.
Assistance called by mental health practitioner, the constable may;
-Enter, detain or take that person to a place directed by the Medical Practitioner.
-detain for 6 hours, until assessment is complete, or until sedative is administered.

21
Q

122b. Mental Health Act 1992

A

Use of Force;
Force reasonably necessary for detention, and transport

22
Q

Tangata Whaiora

A

Person seeking help

23
Q

Memorandum of Understanding

A

The New Zealand Police and the Ministry of Health have a memorandum of understanding (MOU) governing the practical implication of the Mental Health CAT Act 1992.

24
Q

Key words of Mental Disorder

A

‘poses a serious danger’ and ‘seriously diminished capacity to look after themselves’

25
Q

s41. Mental Health Act 1992

A

Powers to assist DAO

26
Q

s41. Warrant required

A

You must not exercise your power to enter a premises without a warrant if it would be reasonably practicable to obtain one.

Two warrants - A warrant to take the patient whcih is obtained by the Director of Area Mental Health Services
-A warrant to enter the premises which must be obtained by a constable.
s113A Warrant to Enter form found on MH Act Forms-Ministry of Health NZ

27
Q

122A. Mental Health Act 1992

A

Powers to detain to be treated like an arrest power with the below modifications:
s30. Crimes Act protects you from criminal responsibility if you arrest the wrong person with good faith and on reasonable and probably grounds believed the person to be the person named in the warrant
s31 confers all statutory powers of arrest without warrant on all constables
a34. confers the power to assist a constable in an arrest on anyone asked to do so

28
Q

s122B. Mental Health Act 1992

A

If you are acting in an emergency assisting a DAO you can use such force as is reasonably necessary in the circumstances:
-DAO gives you clear instructions to do so
-the patient would be likely to suffer harm, or cause harm to other people or damage property if force is not applied

29
Q

ss38 and 40 - When to assist DAO

A

Power of entry and detainment can only be used when the DAO is acting under these sections

30
Q

s109. Mental Health Act 1992

A

Mentally disordered person wandering at large.
- Must be in public place
-Detain and give BOR
-Contact a medical practitioner

31
Q

Mentally Disordered Person on Private Property

A

Police have no powers under the mental health act to enter private property unless directed by a DAO or by the following SASA 2012 sections; s8, s7, s3, s14, s18 and s41 of the Crimes Act

32
Q

s8 Search and Surveillance Act

A

If you suspect a person has committed an offence that is punishable by imprisonment you can enter that private property if you believe the person will leave to avoid arrest or CADD

33
Q

s7. Search and Surveillance Act 2012

A

Entry to arrest if person unlawfully at large and have rgtb that person is there

34
Q

s3 Search and Surveillance Act 2012

A

Defines a person at large to include a special patient/restricted patient who has escaped or failed to return from leave.
Does not apply to a person subject to an inpatient orders

35
Q

s14 Search and Surveillance Act 2012

A

Entry if you suspect there is risk to life or safety that requires an emergency response. If you believe emergency entry will stop an offence being committed that might injure someone, damage or cause serious loss of property

36
Q

s18 Search and Surveillance Act 2012

A

Person in possession of firearms but you believe they are mentally incapable of having proper control of them.

37
Q

s41 Crimes Act 1961

A

May use whatever force reasonably necessary to prevent suicide or an offence being committed that would cause serious injury or suicide.
No detention under s41 UNLESS there is suspicion of an injury/overdose where that person needs to be treated at a medical facility

38
Q

S4. Sale and Supply of Alcohol 2012

A

Object of this act:
- The sale, supply and consumption of alcohol should be undertaken safely and responsibly
-The harm caused by the excessive or inappropriate consumption of alcohol should be minimised.

39
Q

s266 Sale and Supply of Alcohol 2012

A

Closure of licenced premise by Police
- Riot, serious disorder, significant threat to public safety, conduct, offences carrying 5 or more years have been committed and are likely to be committed again.
A constable may order the closure until a time stated in the order or no longer than 24 hours.
Use any force necessary in closing the premises.
If premises kept open while order in place, manager commits an offence carrying $10,000 fine and suspension of license for 7 days

40
Q

s267 Sale and Supply of Alcohol 2012

A

Powers of entry on licenced premise
- At any reasonable time may enter to ensure compliance with licence
-At any time may enter if they believe an offence is being committed.

41
Q

s269 Sale and Supply of Alcohol 2012

A

Power of Police to demand information
-Believes any person has committed, is commiting, or going to attemt to commit an offence may demand the particulars of that person NAD.
Power to arrest if failure to provide or Constable has rgtb they provided false particulars and they have been cautioned and continue to fail to provide their particulars

42
Q

s169 Local Government Act 2002

A

Powers of arrest, search and seizure in relation to alcohol bans.
A constable may search; a container, a vehicle, seize and remove alcohol, arrest the person if they fail to comply with a request to; leave the restricted area, surrender alcohol

43
Q

s170 Local Government Act 2002

A

Conditions relating to power of search.
- Must allow the person reasonable opportunity to remove alcohol or container

44
Q

s169(2)(b) Local Government Act 2002

A

A constable may seize alcohol and remove from the restricted place

Sgt CPK exam 2024 (10 decks)

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