3.Drugs

Question 1

To maximise safety in an unplanned entry to a clandestine lab, What must Police do?

Answer 1

To maximise safety for all concerned, Police must not under any circumstances - touch, handle, move, disconnect, deactivate or operate anything

Question 2

Who must you seek approval from before a warrantless search for drugs?

Answer 2

Unless impractical and the
circumstances, Obtain approval from a sergeant or above before exercising the warrantless search power for drugs

Question 3

What is the procedure in an unplanned entry to a clandestine laboratory?

Answer 3

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

Question 4

What is S 19 misuse of drugs act 1975?

Answer 4

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

Question 5

The power to search s19 Only arises when what three conditions are met?

Answer 5

• 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

Question 6

What is S21?

Answer 6

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.

Question 7

What is s22?

Answer 7

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

Question 8

What is an internal search under S 23? S6, s7, s11

Answer 8

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?

Question 9

What is not an internal search under s12?

Answer 9

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

Question 10

When Mustn’t a medical practitioner conduct an internal examination

Answer 10

If it is prejudicial to the persons health or satisfied that the suspect is not prepared to permit an internal examination to be conducted

Question 11

Who may conduct an internal search?

Answer 11

A Registered medical practitioner

Question 12

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?

Answer 12

• 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

Question 13

S 124 internal search generally prohibited unless?

Answer 13

• Unless authorised by another enactment
• With the persons consent, searching the persons mouth

Question 14

Hill v attorney general?

Answer 14

The right to search without a warrant is triggered only when there is an objective belief that one of the drugs expressly included in the first schedule or in part one of Other schedules is present

Question 15

Collins v Police

Answer 15

Evidence of demeanour and appearance are grounds for suspicion but do not provide RGB under the act

Question 16

R v T s124 internal search

Answer 16

Laid face down on bed and restrained to prevent her swallowing did not amount to an internal examination and was reasonably necessary And didn’t put them in physical danger

Question 17

R v Roulston
Drugs in underpants and then swallowed

Answer 17

Force applied to neck and covered nostrils.Drugs spat out
-found not an internal search and had fears for their safety swallowing drugs. actions not cruel and degrading

Question 18

R v Sneller

Answer 18

Refused to spit out and resulted in lengthy struggle.S appealed successfully.Internal search requires a person’s consent

Question 19

What is s81 searches of persons places in vehicles relating to deliveries under s 12?

Answer 19

• 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

Question 20

What are the circumstances for requiring an internal search?

Answer 20

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.

Question 21

What is S20?

Answer 21

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