3. Drugs, Mental Health, Alcohol Flashcards
Entry to a Clandestine Laboratory
Unplanned entry- do not touch, move, handle, disconnect, deactivate or operate anything. Aim of an unplanned entry is to turn it into a planned response.
Approval for drug related searches - SASA 2012
Unless impractical in the circumstances, obtain permission from sergeant or above to execute warrantless drug search.
s19. SASA 2012
Search of persons found in place or vehicle in relation to a search warrant for misuse of drugs act 1975 offence.
s20. SASA 2012
Warrantless search of places and vehicles in relation to some MoDA offences
Warrantless power to enter and search for controlled drugs and precursor substances if offence SUSPECTED against Misuse of Drugs Act 1975
Believe if entry not carried out em CADD
s23. SASA 2012
Internal search of person under arrest for offence against s6 (dealing), s7 (possession) or s11 (theft) Misuse Drugs Act.
RGTB person has secreted within their body any property that may be evidence to offence. Constable may permit medical practitioner to conduct internal examination
-xray or orifice search
-Does not include visual of nose, mouth or ears by custody search
Circumstances requiring internal search
Person arrested for offence against MoDA:
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
Internal search - conducted by who? With or without consent?
MUST be conducted by a medical practitioner
Suspect MUST consent
s24. SASA 2012
Effect of permitting internal search on bail
If person refuses internal search under s23, the court can decline their bail application and order them to stay in custody for 2 days or until they permit the exam.
s81. SASA 2012
Searches of persons, places and vehicles relating to deliveries under 12 Misuse of Drugs Act Amendment 1978
RGTB person in possession of controlled drug, precursor substance etc
Only during the course of delivery and not once delivered
s124. SASA 2012
Unless authorised by another enactment enforcement officer must not conduct an internal search of any part of the persons body except for with consent their mouth
Law Note
Hill v Attorney General 1990
Reasonable ground of belief SASA in relation to drugs
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
Law Note
What did Collins v Police 2007 find in relation to “reasonable grounds” when it comes to demeanour and appearance when it comes to the recent consumption of drugs?
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.
Law Note
R v T 1996 - what was found in relation to the viewing of the package in her mouth whilst talking?
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.
R v Roulston 1998 - what was held in relation to searches of the mouth with no instruments being used
Internal Search -
Did not amount to an internal search as the officers did not put fingers or any instrument into his mouth. 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.
Sneller v Police 2007 - what was held in relation to the forcing open of the mouth?
Internal Search s124 -
Forcing the mouth open constitutes an internal search. S was within his right to refuse an internal search
s2. Mental Health Act 1992 - interpretation of mental disorder
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 poses a serious danger to the health or safety of themselves or others or seriously diminish his capacity to take care of themselves.
s38. Mental Health Act 1992 - 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
s41. Mental Health Act 1992
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 produce ID.
-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 (no longer than 6 hours)
Need 2 warrants - warrant to enter and warrant to take.
s109. Mental Health Act 1992
Police powers in relation to person appearing to be mentally disordered in public place. RGTB mentally disordered.
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.
For no longer than 6 hours.
s110c. Mental Health Act 1992
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.
Tangata Whaiora
Person seeking help
Memorandum of Understanding
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.
Key words of Mental Disorder
‘poses a serious danger’ and ‘seriously diminished capacity to look after themselves’
Mental Health s41. Warrant required
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 which 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
s122B. Mental Health Act 1992
Acting in an emergency assisting DAO
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
s38 and 40 Mental Health Act - limitations of your powers and assistance
Power of entry and detainment can only be used when the DAO is acting under these sections.
Mentally Disordered Person on Private Property - what powers do police have?
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
s8 Search and Surveillance Act
Entry without it warrant to avoid loss of offender of EM
If RGTS a person has committed an offence that is punishable by imprisonment, you may enter and search place or vehicle if you have RGTB person is there and believe the person will leave to avoid arrest or CADD
s7. Search and Surveillance Act 2012
Entry without warrant to arrest
RGTS person unlawfully at large and RGTB that person is there
s3 Search and Surveillance Act 2012
Definition of person at large
Defines a person at large to include a special patient/restricted patient who has escaped or failed to return from leave.
Young person subject to OT order who has absconded.
Does not apply to a person subject to an inpatient orders
s14 Search and Surveillance Act 2012
Enter place or vehicle if RGTS if offence likely to cause injury or damage or risk to life or safety that requires emergency response.
s18 Search and Surveillance Act 2012
Person in possession of firearms but you believe they are mentally incapable of having proper control of them.
s41 Crimes Act 1961
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
S4. Sale and Supply of Alcohol 2012 - object of the act
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.
s266 Sale and Supply of Alcohol 2012
Closure of licensed premises by police on what grounds?
- 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.
The continuation of premises being used while order in place is an offence.
s267 Sale and Supply of Alcohol 2012
Powers of entry on licenced premise
May enter to ensure compliance and inspect any licensed premises if RGT_ offence against Act being committed.
- At any reasonable time may enter to ensure compliance with licence
-Inspect any licensed premises if RGTB that any offence against the act is being committed.
s269 Sale and Supply of Alcohol 2012
Police powers to demand information - what grounds must exist?
Power of Police to demand information
-RCTS person committed any offence against act and require a person to provide particulars.
-if person fails to do so may be arrested.
s169 Local Government Act 2002
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
s170 Local Government Act 2002 - conditions relating to power of search of container
Conditions relating to power of search.
- Must allow the person reasonable opportunity to remove alcohol or container
Alcohol definition
A substance found to contain 1.15% or more of ethanol when at 20°C.
What must you do before searching container or vehicle for alcohol?
Inform person in possession of the opportunity to remove the container or the vehicle from the public place and provide reasonable opportunity to do so.
