C3 - Drugs, MH, ALC Flashcards
Title; procedure for dealing with a clan lab:
During an unplanned entry police must not under any circumstances do what?
T H M D De or Op anything
Touch, handle, move, disconnect, deactivate or operate anything
Unplanned entry police should:
-remove person of interest
-isolate the state and maintain safety-
-preserve the crime scene
-notify the duty inspector, NCO, NCLRT and local fire
Seek advice from Fire and NCLRT
-occupants of the address and staff remain separated until decontamination issues have been addressed
-seek medical advice if experienced any adverse effects
True or false
True
Title; search and surveillance Act 2012 sections 19-24, 81 and 124
Warrantless searches for Misuse of drugs act 1975
Unless impracticable obtain approval from a …….or above before exercising whitelist search for drugs.
Sergeant or above
S19 search warrant issued - P in P or V
S20 WLESS PLC or V
S21 WLESS PpL in Plc or V
S22 wLESS pre curser for drugs
S23 Internal S of PSN being K9
S19
With and approved search warrant; any person found in in or on a place or vehicle and the search warrant specifically for an offence against the misuse of drugs
- the warrant has been issued under section 6
-warrant executed by Constable
-person found in Auckland the place specified in the warrant
S20 can enter a place or vehicle without a warrant if he has reasonable grounds to believe drugs and those places
- drug offences has been committed
- entry is necessary without delay due to c a d.
S21
-wireless power to search a person for controlled drugs
-reasonable grounds to believe
S22
Warrantless power to search a person if you have reasonable grounds to believe they have controlled drug or precursor substances to make the drugs
-or his committed or about to commit in respected that control drug or precursor
What is an internal search
- X-ray machine or similar device
- A manuel or visual examination to anybody orifice
What is not an internal search?
You must not insert any instruments device or thing into any of the orifices
-a Constable authorised officer or search it they conduct a visual examination by any instrument or device design to eliminate or magnifiy of the mouth nose and ears
-visual examination is part of a rub down search
Circumstances for requiring internal search?
- dealing with controlled drugs
-position and use of controlled drugs
-theft of controlled drugs
AND
Grounds to believe the suspect secreated within their body or property
-evidence of what they’ve been charged of
Uber conduct internal search?
Must be conducted by a registered medical practitioner
S24 : Suspect must consent:
medical practitioner must not conduct an internal examination if they?
- to do so may be prejudicial to the suspects health
- I said if I did the suspect is not prepared to permit internal examination to be conducted
- the suspect must consent first to do a internal examination
S24: If the suspect does not commit and internal search on bail application did he or she will be faced with ** 2 days **
- the court may the Clyde to consider bail
- order the suspects continuation in detention in police custody until;
- expiry of *2 days
- susoect says yes to the examination to be conducted
S81 Deliveries
A Constable or a customs officer has reasonable grounds to believe that the person is in possession of controlled drugs or precursor substance or a package in relation to the custom officer has replaced or portion of any controlled drug
- the exercise search power maybe exercise only during the course of a delivery not once it’s delivered
- use Powers under section 2222 what’s the vehicle has stopped because s81 will no longer be exercised
S124: search surveillance Act 2012 internal search is generally prohibited?mouth
- a enforcement officer but not conducted in turtle search except for when the person consents searching the person mouth
- Constable must not require any other person to conduct the internal search except as provided in section 23 ya medical practitioner
Title; law notes
Hill v attorney general
- RGTS formally S18 MDA
- S20 search/surveillance Act
Reasonable grounds for belief or usually be a two-step process:
- first Aboriginal grounds for believing a controlled drug is in the house vehicle or respect to or which an offence against the it has been or is being committed and
- second are there reasonable grounds for believing the drug-involved is of c first schedule and first parts of second and third schedule and specified because substance
- it would be helpful for all police to look up for packaging and distribution methods used locally and the types of controlled drugs which are currently available
- the searching office that does not need to know the identity of the drug just that there are reasonable grounds for believing it is involved.
Collins V police 2007
Demeanour, appearance and reasonable grounds to believe
Comment; whether each case will be decided on on its facts evidence of demeanour is unlikely to justify a search warrant.
The conviction was squashed because police went on his demeanour rather than having reasonable grounds to believe the class A drugs were on him.
R v t 1996
- internal search
- search and surveillance S124
- formerly section 18A misuse of the drugs 1975
- the lady tried to conceal drugs in her mouth police later face down and told her to spit out, she spent out 17 morphine tablets wrapped in Glad wrap
- offender appealed however police won the case because it was not an internal search
RV rolleston 1988
-internal search
S124 search and surveillance ACT
Offender attempted to swallow the drugs however the police prevented fight force to the applicant’s neck and head area closing the nostrils and depressing throat.
The police officers were worried about the safety they could of died
Please could also used 6 s41 of the crimes Act 1961 in relation to preventing a suicide
Sneller V police 2007 -obstruction -internal search S124 search NZ surveillance at -formally section 18A misuse of drugs Act 1975
Yes abused successfully relation to refusing passively to spit something out of his mouth when requested, LED physical struggle failed to overcome resistance although the application of pepper spray resulted in S expelling tube pieces of substance which was produced negative results on drug test
Title; mental health
Compulsory assessment and treatment act 1992
S2 interpretation
S2 mental disorder mend a person with abnormal State of mind characterised by delusions or by disorders of mood perception of volition or cognition to a degree that it
- pose a serious danger health and safety to that person
- seriously division diminishes the capacity of their person to take care of them yourself
S38 assistant - request DAO ** 72 ***
Duly authorised officer must investigate to check if the person that’s mentally disordered needs a medical examination urgently or not urgent Lee comma they have to take reasonable steps to take the person to a practitioner enjoy the medical practitioner is examining the person
The medical practitioner doing the examination does not need to issue another certificate who is the subject of the request within 72 hours before the receipt
S41 P A ** 6hrs **
Police assistance; if a DAO uses the section 38 power they may call on police for assistance.
- a Constable me into the premise and if not in uniform show your badge
- detain the person for 6 hours
- take the person to the place forward medical examination detain for 6 hours
- detained the proposed patient at the place for 6 hours
S109 Apr P appearing 1M in public place 6
Would the assistants of a medical practitioner we may be asked to take the person to PlayStation hospital or surgery or to some appropriate place
- detained for 6 hours or the time it takes to carry out the actions
People with mental distress
Police role under MH Act 1992
The responsibility for providing services under The Beatles health.act rest primarily with The Beatles health services
BUT
police.provide assistance where legislation provides for police intervention
