3.1 Drugs Policy & Procedures Flashcards
Clandestine Laboratory Unplanned entry procedures
To maximise safety for all concerned, Police involved in an unplanned entry must not under any circumstance touch, handle, move, disconnect, deactivate or operate anything.
In an unplanned entry situation Police should
- immediately remove persons of interest form the premises
- isolate the site and maintain a safety perimeter
- preserve the crime scene
- notify the duty inspector, or 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
What is the aim of an unplanned entry into a clan lab?
The aim is to turn an unplanned entry into a planned response and investigation with appropriate structure and procedures
Section 20 Search and Surveillance allows Police to
Enter and search a place or vehicle without warrant if reasonable grounds to believe it is not practicable to get a warrant and in or on the place/vehicle, there is
a) a controlled drug specified in schedules 1,2,3, of the act AND
b) and suspects an offence has/is/will be committed in respect of that drug AND
c) to believe that if entry is not carried out immediately, evidential material will be CADD
Section 21 - Searching People
A constable conducting a search under S20 may search any person in or on the place or vehicle
Section 22 - Search of Person in any place
A constable may search a person if reasonable grounds to believe that the person is in possession of:
a) a controlled drug specified in schedules 1,2,3, of the act AND
b) and suspects an offence has/is/will be committed in respect of that drug
Do you require approval from a supervisor for a Section 22 related drug related search?
Yes - unless impractical to do so, approval from a Sergeant or above should be obtained before exercising the power
Does requesting a person to open their mouth constitute an internal search?
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.
What is an internal search?
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
Law Notes
“Reasonable ground for belief” will usually be a two step process:
- First, are there reasonable grounds for believing a controlled drug is in the house, vehicle etc, in respect of which an offence against the Act has been or is being committed; AND
- Second, are there reasonable grounds for believing the drug involved is one of those specified.
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.
It is implicitly recognised by what is now s 124(1) of the Search and Surveillance Act 2012 that the mouth is not necessarily to be accorded the same degree of sanctity as other more private parts of the body. Nor should it be overlooked that the mouth may be used in a manner and for a purpose which is not available in respect of other internal parts of the body. Accordingly, where a person being searched deliberately places a drug in the mouth to avoid it being seized or to provoke the 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, by placing the drug in the mouth, placed their health or life at risk.
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?
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.
