3.1 Drugs Flashcards
What are the (6) steps required in an unplanned ClanLab discovery?
1 - REMOVE all staff/persons.
2 - ISOLATE the area
3 - PRESERVE the crime scene
4 - NOTIFY duty NCO/Insp/Clan Lab exp
5 - ADVICE around decom and to remain separated until this has been executed
6 - MEDICAL advice is needed
What is the aim of an unplanned entry?
To go from an unplanned response to a planned response with the appropriate procedures.
S19 of S&S Act 2012 enables what?
Search any person found in or on a place or vehicle during a S6 search warrant if specified offence against MODA.
S20 of S&S Act 2012 enables what?
Entry and search of place or vehicle if you have RGTB its not practicable to obtain a search warrant.
Offences against MODA has, is or is about to be committed and evidence may be CADD.
S21 of S&S Act 2012 enables what?
To search any person found in the place or vehicle while carrying out S20.
S22 of S&S Act 2012 enables what?
Search a person without warrant if RGTB person is in possession of drugs against MODA.
Suspect an offence against MODA has, is or is about to be committed.
Does not limit S20/21.
Does requesting a person to open their mouth constitute as an internal search?
No - You may conduct a visual check of the mouth, nose and ears as per S87. However you must not insert anything into into the orifices.
What is an “Internal Search”?
- Xray machine or other similar device
- Physical or visual exam through any body orifice.
Who may conduct an internal search?
A medical practitioner.
Case Law Decisions: HILL v Attorney General - What are the two “Beliefs” that are required for a drug search?
- RGTB there are controlled drugs in the place and an offence, not involving drugs, has/is/is about to be committed.
- RGTB the drug is specified drug.
What two conditions must a Medical Practitioner not conduct an internal exam?
- If it will negatively effect their health or;
- They are satisfied the offender is not prepared to give consent to conduct one.
Case Law Decisions: R v T (Attempt to swallow drugs) what decisions were upheld?
If the suspect attempts to swallow drugs, Police may use reasonable force to restrain the suspect an have them cough up the drugs. This does not constitute as an internal search.
Case Law Decisions: COLLINS v Police - Demeanour, Appearance and RGtB
Demeanour and Appearance alone is unlikely to justify a warrantless search and does not satisfy RGtB.
