3. Drugs, MH, Alcohol - CASE LAW

Question 1

Hill v Attorney-General (1990)

RGTB

Answer 1

RGTB has to be:

1. that there are drugs
2. specified drug (can’t just be plant in vehicle)

Question 2

Collins v Police [2007] : Demeanour,

appearance and “reasonable grounds to believe”

Answer 2

Appearance of drug use Alone is not lawful for Search (is lawful for CIT)

Question 3

R v T (1996) 3 HRNZ 77 (CA) internal search

Answer 3

Forced to lie down to spit out drugs - not invasive as did not search mouth

Question 4

R v Roulston [1998] 2 NZLR 468 – internal search

Answer 4

Strip seeach - placed drugs in mouth. Held nostrils to force out. Lawful as no mouth search - fear he would choke

Question 5

Sneller v Police [2007] NZAR 405 (High Court) obstruction,

internal search

Answer 5

Mouth search found not to be consensual - offender can say no to mouth search by police