3.Drugs Flashcards
To maximise safety in an unplanned entry to a clandestine lab, What must Police do?
To maximise safety for all concerned, Police must not under any circumstances - touch, handle, move, disconnect, deactivate or operate anything
Who must you seek approval from before a warrantless search for drugs?
Unless impractical and the
circumstances, Obtain approval from a sergeant or above before exercising the warrantless search power for drugs
What is the procedure in an unplanned entry to a clandestine laboratory?
Aim is to convert an unplanned entry into a planned response and investigation with appropriate structures and procedures.
- Immediately ALERT attending personnel of any clan lab discovery
- immediately REMOVE persons of interest from the premises
- ISOLATE the site and maintain a SAFETY perimeter
- PRESERVE the crime scene
- NOTIFY the duty NCO/inspector and contact NCLRT and local fire service and ambulance
- seek ADVICE from a NCLRT member or fire about decontamination procedures
- Occupants of the address and staff have entered the address to remain SEPARATED until decontamination issues are addressed
- Seek me MEDICAL advice if you experience any adverse effects
A.R.I.S.P N.A.S.M
What is S 19 misuse of drugs act 1975?
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 application for the search warrant is an offence against the Misuse of Drugs Act 1975
The power to search s19 Only arises when what three conditions are met?
- A search warrant has been issued S6 In respect of an offence against the Misuse of Drugs Act 1975
- The warrant is being executed by a constable
- That the person is found in or on the Place or vehicle specified in the warrant
What is S20?
May enter and search a place or vehicle without a warrant if RGTB
- To believe it’s not practical to obtain a warrant and that in or on the Place or vehicle there is a Controlled drugs specified and
- to suspect that in or on the Place or vehicle and offence against the misuse of drugs act 1975 has been or is being or is about to be committed and respect of that Control drug or precursor substance and
- Believe of entry and search not carried out immediately CADD
What is S21?
A constable conducting a search of a place or vehicle under S20, May without a warrant search Any person found in or on the place or vehicle.
What is s22?
A warrantless power to search for control drugs and precursor substances if offence suspected.
- RGTB That the person is in possession of Controlled drugs specified
- and suspect an offence has been is being committed or is about to be committed and respect of that Control drug or percursor substance
What is an internal search under S 23? S6, s7, s11
An internal search is an internal examination of any part of the persons body conducted by medical practitioner by means of x-ray machine or other similar device or manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice?
What is not an internal search under s12?
A constable, authorised officer or searcher engaged under S12 may conduct a Visual examination of the mouth, nose and ears
- A visual examination is not an internal search and as permitted as part of a rubdown search s 87
What are the circumstances for requiring an internal search?
Person is arrested for S6, S7 or s11 can be required undergo an internal search and constable has RG TB that the person has secreted within their body any property
- that may be evidence of the offence which they charged or the possession which constitutes any other offence.
When Mustn’t a medical practitioner conduct an internal examination
If it is prejudicial to the persons health or satisfied that the suspect is not prepared to permit an internal examination to be conducted
Who may conduct an internal search?
A Registered medical practitioner
If a person fails to permit an internal examination to be conducted under s23 And satisfied requirement to permit an internal examination by medical practitioner was properly made on reasonable grounds. What can the Court do?
- Decline bail
- Order that person to be detained in police custody until expiry of two days after the day on which they were required to permit in examination by medical practitioner or they permit examination to be conducted
What is s81 searches of persons places in vehicles relating to deliveries under s 12?
- Search a person involved in a delivery under s12
- Enter and search any Place craft or vehicle
- Seize anything if RGB is a thing described (search power maybe exercise only during the course of a delivery, Not once it is delivered s20-22 can be used
