3.1 Drugs Policy & Procedures

Question 1

Clandestine Laboratory - Unplanned entry procedures. What are you required to do in this situation?

Answer 1

• immediately REMOVE POI’s from the premises
• ISOLATE the site and maintain a SAFETY perimeter
• PRESERVE the crime scene
• NOTIFY the duty inspector / NCO and NCLRT
• seek ADVICE from NCLRT and Fire re decontamination
• occupants and staff who have entered the address are to remain SEPARATED until decontamination issues are addressed
• seek MEDICAL advice if adverse effects occur

R. I. S. P. N. A. S. M

Question 2

What is the aim of an unplanned entry into a clan lab?

Answer 2

The aim is to turn an unplanned entry into a planned response and investigation with appropriate structure and procedures

Question 3

Who can give approval for drug related searches?

Answer 3

Answer:
If practical and the circumstances permit obtain approval from a sergeant or above before exercising this warrantless search power for drugs

Question 4

What power does section 19 of the Search in Surveillance Act 2012 enable a constable to perform?

What three conditions must be present for the power of search to be conducted?

Answer 4

Answer:
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 offense that was specified in the application for the search warrant is an offense against the Misuse of Drugs Act 1975.

Answer:
– a search warrant has been issued under section 6 and respect of MODA 1975

• the warrant is being executed by constable

– that the person is found in or on the place or vehicle specified in the warrant

Question 5

Section 20 Search & Surveillance allows Police to what ?

Answer 5

Enter & search a place or vehicle without warrant if RGTB it is not practicable to get a warrant and in or on the place/vehicle, there is

a) a controlled drug or precursor substance AND
b) and suspect an offence has/is/will be committed in respect of that drug AND
c) believe that if entry is not carried out immediately, evidential material will be CADD

Question 6

Section 21 SAS 2012 - Searching People

Answer 6

A constable conducting a search of a place or vehicle under S20 may without a warrant search any person in or on the place or vehicle

Question 7

Section 22 SAS 2012 - Warrantless search of Person in any place

Answer 7

A constable may search a person in any place if RGTB that the person is in possession of:

a) a controlled drug or precursor substance AND
b) suspects an offence has/is/will be committed in respect of that drug

Question 8

Do you require approval from a supervisor for a Section 20 SAS drug related search?

Answer 8

Yes - unless impractical to do so, approval from a Sergeant or above should be obtained before exercising the power

Question 9

Does requesting a person to open their mouth constitute an internal search?

Answer 9

No - a constable or authorised officer may conduct a visual examination of the mouth, nose and ears but must not insert any thing or instrument into any of those orifices. This is permitted under S87.

Question 10

What is an internal search?

Answer 10

An internal search is an examination of any part of a person’s body by means of:

• X-ray machine or other similar device or
• a manual or visual examination through any body orifice (except mouth)

Question 11

Collings v Police
Does evidence of a persons demeanor and appearance (eg a person in a car with a wide-eyed gaze, dry swallowing, rubbing tongue) provide Police with reasonable ground for belief under the act?

Answer 11

NO

The High Court found that evidence of demeanor and appearance, whilst perhaps warranting strong grounds for suspicion and seemingly an actual belief in the consumption of the officers concerned did not provide Police with reasonable grounds for belief under the act.

Question 12

R v T
If a person attempts to swallow drugs, can Police use reasonable force (restrain the person and lay the person face first on a bed) to extract the drugs?

Answer 12

Yes reasonable force can be used.

The Court of Appeal confirmed this does not amount to an unreasonable search, nor does it constitute an internal search.

Question 13

In relation to case law what was found in Hill v Attorney General (1990)

Answer 13

Answer:
This case law relates to a sergeant having reasonable grounds for believing that a particular type of drug is present when the warrantless search (old s18(2) MODA ‘75) is conducted and the right to search based on that belief.

It is not enough to only believe that drugs are present in the vehicle or place but that the belief covers the drugs within the schedules listed.

The sergeant upon cross examination did not know what drugs were involved just that it was drugs.

Question 14

Sec 124 SAS, generally prohibits internal search’s of a person except for what circumstance?

Answer 14

Searching the person”s mouth with their consent or internal search under another enactment. (S23 SAS)

Question 15

What constitutes an internal search of a person under SAS

Answer 15

An X ray machine or similar device, or

A manual or visual examination whether using an instrument or not, of orifices (not including mouth)

Question 16

Under the SAS enactment, when is there a right to search for drugs without warrant

Answer 16

When there is an objective belief that one of the specified drugs is present

Question 17

In relation to “reasonable grounds for belief’ for drug searches, what are the two beliefs required in the process ?

Answer 17

1st = RGTB controlled drugs in the place, and an offence (involving that drug) has, is or will be committed

2nd = RGTB that the drug is a specified drug

Question 18

What are some of the circumstances where an internal search may be required?

Answer 18

Answer:
Suspect is arrested for an offense against section 6, 7, 11 of the MODA 1975, and

There are reasonable grounds to believe that the suspect is secreted within the body any property:

• that may be evidence of the offense with which the suspect is charged or
• the possession of which by the suspect constitutes any other offense against section 6, 7, 11 of the Act.

Question 19

Who may conduct an internal search?

Answer 19

Answer:

And internal search must be conducted by a registered medical practitioner

Question 20

Must a suspect consent to an internal search?

In what 2 conditions must a medical practitioner not conduct an internal search?

Answer 20

Answer:
Yes. The suspect being searched must voluntarily consent to an internal examination.

A medical practitioner must not conduct an internal examination if they:
– consider that to do so may be prejudicial to the suspects health, or

• are satisfied that the suspect is not prepared to permit an internal examination to be conducted.

Question 21

What does section 81 of the Search and Surveillance Act 2012 relate to?

What powers does a constable have in relation to that section?

Answer 21

Answer:
The section details the circumstances set out in s/s (2)
- A constable or a customs officer may during the course of a delivery in relation to which the customs officer has exercised his or her powers under section 12 MODA 1975

Answer:
A Constable or Customs Officer may do any or all of the following:

• Search a person involved in a delivery under s12
• Enter and search any place, craft or vehicle
• Seize anything that he or she has RGTB is a thing described in a-d ss(2)
  a controlled drug, precursor substance, package to which there were drugs in (replaced in whole or portion by custom officer), evidential material in relation to 6(1)(a) or 12AB of MODA 1975

Question 22

What was held in case law for R v ROULSTON?

Answer 22

Answer:
This is in relation to the defendant who challenged an internal search by police pursuant to the Misuse of Drugs Act 1975

The defendant swallowed drugs when taking off his clothes. The police officers used force to hold his neck and nostrils forcing the defendant to open his mouth to shout out. The package was ejected onto the floor.

The court held that the police did not conduct an internal search and in the circumstances used reasonable force to ensure the defendant did not harm himself in the act of swallowing the package.

Question 23

What was held in the case law for SNELLAR v Police, where SNELLAR had put something in his mouth and refused to spit it out when requested by Police who were acting in the execution of powers under MODA 1975?

Answer 23

Answer:
Court held that the defendant is entitled to decline to allow Police to undertake an internal search of his mouth and there is no specific power in the MDA entitling the Police to make the defendant spit out the contents of his mouth

Question 24

If a suspect fails to permit an internal exam and the court is satisfied the requirement to peemit an internal exam was properly made on reasonable grounds, what may a court do

Answer 24

• decline to consider the persons bail
• order that the suspect continue go be detained until the earlier of the following occurs
  ~ expiry of 2 days after the day on which they were required to permit an internal exam
  ~ permit exam to be conducted