3.1 Drugs Flashcards
What do you do if you come across a clan lab that is unplanned?
Immediately remove persons of interest from the premises
Isolate the site and maintain a safety perimeter
preserve the crime scene
notify their duty inspector or duty NCO, contact NCLRT, and if appriopriate the local fire and ambulance service
seek advice from NCLRT and Fire about decontamination procedure
coccupants of the address and staff who have entered are to remain separated until decontamination
seek medical advice if required
Do you need approval before exercising a warrantless drug search?
Yes from a sergeant or above unless impracticable to do so.
What is s19 of SS Act - Search of persons in relation to MODA offence search warrants
A constable may search any person found in or on a place or vehicle, in relation to which a search warrant is issued under S6, if the offence that was specified in the SW is an offence against the MODA.
NOTE: Power to search only arises when three conditions are met:
A SW has been issued under S6 in respect of an offence against MODA
the warrant is being executed by a constable
the person is found in or on the place/vehicle specified in the warrant.
What is S20 of SS Act - Warrantless search of places and vehicles in relation to MODA offences
May enter and search a place or vehicle if
RGB that it is not practicable to obtain a warrant and that there is controlled drugs, and
RGS that in or on the place/vehicle an offence against MODA has/is/or about to been committed, and
RGB that if entry and search is delayed evidential material relating to the suspected offence will be CADD
What is S21 of the SS Act - Warrantless searches of people found in or on places/vehicles
If conducting a search under S20, may without warrant, search any person found in or on the place/vehicle
What is S22 of the SS Act - Warrantless power to search person for controlled drugs and precursors if offence suspected against MODA
May search a person without warrant if
RGB the person is in possession of controlled drugs/precursors
RGS that an offence against MODA has, is or is about to be committed
What circumstances for requiring an internal search S23?
The suspect is arrested for an offence against sections:
S6 - dealing
S7 - possession and use
S11 - theft
AND there are RGB that the suspect has secreted within their body any property that may be evidence of the offence or the possession of which by the suspect consitutes any other offence against sections 6, 7, 11.
What happens if the suspect doesn’t consent to an internal search?
if suspect refuses and the court is satisfied of the requirement to permit an internal exam by a medical practitioner was made on reasonable grounds, a court may decline to consider the person’s bail application, and order the suspect continue to be detained in Police custody until either 2 days after the request was made, or they permit to an internal exam.
What is S81 of SS - Searches of person, places, and vehicles relating to deliveries under S12 of MODA
A constable or customs officer may, during the course of a delivery in relation to which a customs officer has exercised his or her powers under S12 of the MODA do any or all of the following:
Search a person involved in a delivery under S12 MODA
Enter and search any place, craft or vehicle
seize anything that he or she has RGB is a controlled drug, precursor, placebo package, evidential material in relation to an offence under MODA.
NOTE: can only be exercised during the course of a delivery and not once its delivered. Can use S20-22 when S81 no longer can be exercised.
In Hill v AG (1990) - Reasonable grounds for belief, SS20, what is the two step process for RGB?
There are reasonable grounds for believing a controlled drug is in the house, vehicle etc, AND
there are reasonable grounds for believing the drug involved is one of those specified
In Collins v Police (2007) search: demeanour, appearance, and RBG why was the conviction quashed?
The officers conducted a warrantless search based on the appearance, demeanour of the driver and suspected him to be under the influence of meth. The judge stated the demeanour presented in this case could also be symptoms exhibited by nervousness of being interviewed by police.
Evidence of demeanour and appearance alone is unlikely to justify a search under SS Act provisions.
What observation has now been made from Case law in relation to S124 of SS Act - Internal searches generally prohibited
Where a person being searched deliberately places a drug in the mouth to avoid it being seized or provoke Police into the use of force, there is no persuasive case for preventing the police using reasonable force to take possession of the drug. This course is even more acceptable if the suspect has placed their health or life at risk.
IN both case law examples - police did no place hands or instruments in the offenders mouth, not deemed internal search.
IN Sneller v Police - obstruction - appeal held. Police asked S to spit out something in his mouth and he refused, was charged with obstruction. Must obtain persons consent for internal search which S did not provide. S was passively resisting the request not obstructing.
