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
M O U
- DAO is the official charge at any incident that requires mental health
- dao should request police only when the particular powers of police required
- person should be assist in the least restrictive environment possible like a community or health facility like an emergency department
- intoxication should not delay into MH health assessment
What is mental disorder?
Key words
- poses a serious danger
- seriously diminished capacity to look after themselves
Mental disorder does not include
- political religious or cultural beliefs
- sexual preferences
- criminal or delinquent behaviour
- substance abuse
- intellectual disability
Who can apply for a warrant?
- a police Constable or director of an area mental health service
- however degree between police and ministry of health they won’t may be completed by either police or the dao.
- please Constable beside and sign and swear by it
Arrest provisions apply
-sex with 3031 and 30 for the crimes Act 1961 apply to your power to take entertained is if it were a power of arrest
S30 protect you from criminal responsibility if you arrest the wrong person
S31 Confers All statutory powers of arrest without warrant on al constables
S34 confers the power to assist a constable in a rest on anyone asked to do so
True or false
True
What happens if you use water than bigger ball or and consequential force under the section? TOR
You must complete a teor report this will be collated and forwarded to the director of area mental health services on your behalf
Do not use force unless
- the district has obtained the general and immunity from the mental health service against civil claims for damage
- the dao has been informed and has accepted responsibility for the damage and ask for you to continue
Taking the person to a police station
- iftar person is not violent or has not committed an offence under arrest this should not be done
- if you’re asked to take the person to a station you are not obliged under section 41 mental.health.act
- advised DAO that a patient can be taken on only the hospital or some other treatment facility
Do not detain a person for no longer than…..
6 hrs
Ensure you give the person ….before u detain them
BOR
Mentally disordered person on private property
Note: please have no power under mental health to enter private property or detain a person with a mental disorder on private property unless asked to do so by DAO or medical practitioner
True or false
True
Power to enter premises
S7 S&S UAL
S14 S&S
S18 FA incapable
Trespass
- if a question to leave by law for occupy you must leave
- if suspect or person has committed an offence you can insta premises if you believe personal leave to avoid arrest or c.a.d. or damage
- using 67 search and surveillance act to search in the rest of person if you suspect the person is unlawfully at large example “inpatient order”
S14 S&S enter to prevent Risk of life emergency response power
Also this gives you a warrant entry if you have reasonable grounds to suspect the entry will stop in prevent an offence been committed that my injure someone danger or call serious loss of property
-you can use also section 18 of search surveillance to enter property if you have grounds to suspect person is in possession of firearms but by reason of mental condition is incapable of having proper control of them
Tress pass
Depending on the circumstances you may be able to take action under the trespass act 1980
If a person is absent without hospital without leave you make able to use your power’s to return the person
Title; alcohol
S4 - the object of this ACT
- consumption of alcohol should be undertaken safely responsibly
- harm caused by excessive or inappropriate consumption of alcohol should be minimised
It causes
- crime comedy damaged common death comment disease disorderly behaviour, illness
- to society and the community indirectly caused
S266 closure of licenced premises by police
Licenced premises will be closed if:
- riot is taking place
- fighting or serious disorder
- threat to public health or safety
- public nuisance
- offences have been committed maximum five years penalty
True or false
-true
8 coastal walk me order the closure of any licenced premises specified which time must not be later than……hours from the end of the day on which the order was made or order any person to leave the premises order specify part of them
24 hrs
Who must the licence manager apply to wants to order has been given
- DC judge
- any 2 or more justices
- any 1 or More community magistrates
The Judge or justices or the community magistrate/es may…
- revoke the order either unconditionally
- subject to any conditions he or she may think fit to impose
- they refuse to revoke order
If a manager keeps the premises open they are liable for…$
- …..days
- $10,000 fine
- suspension of the licence for 7 days
If the manager continues to sell alcohol in the premises they are liable for ….$
A fine of $3,000
S266 powers of entry on licenced premises
What happens if you fail to admit a Constable or inspector or delay a Constable or inspector who demand entry into your premises? $$
-you’re liable on conviction to a fine of $2,000
If the licence manager fails to produce a licence or any document or assist with information, they are liable for a fine of …….
Liable for fine $2,000
S269 power of police to demand information
What happens if somebody does not give you correct details or false details?
K & $
They can be arrested and is liable on conviction a fine of $2,000
Closure of licenced premises by police
Constable can order the closure of a licenced premises, however he or she must ask for a thorough t from a ……or above
Sergeant
Factors to consider when deciding to close licenced premises
- disgruntled patrons elevated likelihood of disorder
- impact of the licence comma frivolous closure of licenced premises may cause financial impact and result in criticism of police
Police must take into account
- the weight of evidence supporting enclosure
- previous interaction or please
- likelihood of escalating violence
- duration of the closure
Apply TENR
Deciding the duration of the closure
When deciding the duration of closure of licenced premises police must consider:
- when order is likely to be restored
- the closure sufficient to address public nuisance concerns
- the impact on the licence
Local government Act 2002 section 169 and 170
S169 powers of arrest search and seizure in relation to alcohol bans
What power do you have this new ascertain a container is in position of a person who’s into the restricted area or used a vehicle to enter the restricted area?
Police can cease or remove any alcohol
- arrest any person committing an offence
- any person who refused to comply with leaving the restricted area or surrendering alcohol to the constable
-alcohol or container seized is forfeited to the crown if the person from whom the alcohol with or containers sees pays the infringement fee
S170 conditions relating to power of search
Before exercising the Powell under 169 a Constable must:
14 Territorial authority (city council)
- inform the person in position given opportunity to remove the container or the vehicle from the public place
- provide person with reasonable opportunity to remove the container or the vehicle
The council must specify all the public notice given 14 days in advance indicate the location and place of the alcohol ban notices
Enforcement of alcohol bans
Enforcement principles
- enforcement would not be director district compliance
- time place and circumstances
- enforcement will be directed at prevention and antisocial behaviour caused by consumption in public place
True or false
True
Alcohol-related harm in antisocial behaviour baby existing or anticipated. The judgement may be is 4 by factors such as:
- disorderly violence and antisocial behaviour in hotspot areas or location
- behaviour related complaints from members of public
- behaviour observed given concerned about probability of disorder
- evidence of intoxication to public place
- presence of a gathering of individuals that result an antisocial behaviour
True or false
True
Breach of alcohol banned section 147 local government Act 2002
You must prove the identity of the offenders and the day breached the bylaw alcohol ban by:
- consuming
- bringing alcohol
- possessing alcohol
- in a ban public area or in a vehicle in a band area
What’s the penalty or the alcohol different events notice and required payment?
$…..
W655 consuming
W657 possessed
W656 brought into
Fine $250
Exemptions of alcohol in unopened containers maybe?
- transporter from off licenced premises next to a public place
- transporter from outside of public place for delivery to licenced premises next door public place
- transported from outside a public place to premises next door public place
- transporter from previous next door public to a place outside the public place if the transport is undertaken by resident
True or false
True
