Chapter 3 - Drugs Flashcards
Describe some of the precautions you need to take if there is an unplanned entry to a Clan Lab.
Immediately remove the POI from the premise.
Isolate the site and maintain safety perimeter.
Preserve Crime Scene.
Notify duty inspector or duty NCO to contact clan lab.
Seek advice from clan lab/fire about decontamination procedures.
Staff and occupants who enter address remain separate until decontaminated.
Seek medical advice if you experience effects.
Describe 3 grounds for a warrantless search?
Believe that it is not practicable to obtain a warrant and that in or on that place or vehicle there is drugs.
To suspect that in or on that place or vehicle an offence against MODA has been, or is, or is about to be committed.
To believe that if entry and search is not carried out immediately, evidential material relating to the suspected offence will be CADD.
What power does s21 S and S give a Police officer?
Whilst conducting a search under s20, Without warrant search any person found in or that place or vehicle.
Under s22 if a constable has reasonable grounds to believe that a person is in possession of specified controlled drugs – what schedules of the misuse of Drugs Act can be applied?
Schedule 1
Part 1 of schedule 2
Part 1 of schedule 3
Part 3 of schedule 4
Define what constitutes an internal search
An X-ray machine or similar device.
A manual or visual examination through any body orifice.
Who may conduct an internal search?
A constable, AO or searcher, whether facilitated by any instrument or device designed to illuminate or magnify the mouth, nose and ears but must not insert into any orifices.
Hill v Attorney General 1990 - In this case what was the two step process that the Court commented on around reasonable grounds for believing that a controlled drug is in the house, vehicle, etc…
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.
Second are there reasonable grounds for believing the drug involved is one of those specified in the MODA schedules.
Collins v Police 2007 - On what grounds did the Court question the lawfulness of the search of the driver for drugs?
Evidence of demeanor and appearance alone is unlikely to justify a search under the S and S Act provisions for reasonable grounds of belief.
The court found that although the signs were that of meth consumption they could also be from a person who has consumed drugs lawfully.
R v T 1996 Internal Search- The appellant contest that the package containing drugs had been obtained by unlawful means – what was the Court ruling and why?
The court of Appeal confirmed that there had not been an internal search as there was no manual or visual examination of the interior of the mouth. It does not prohibit the viewing of what can be seen by normal observation of the face when mouth is open.
R v Roulston 1998 - When the Police officers used force to prevent the appellant from swallowing a small package did the Court rule that as an internal search? What was the reasoning?
No, as neither constables put their fingers or instrument in the appellants mouth. It was unrealistic to claim an internal search because the appellant resisted them.
One of the officers concerns was the appellant’s safety should he swallow the package. In preventing him doing so they used no more force than reasonable necessary.
Smeller V Police 2007 s124 - Why was S appealed successfully from conviction for obstruction after he refused to spit something out of his mouth when requested resulting in physical struggle where bits of plastic were pulled out of his mouth?
HC noted the power of s124 is limited, which requires the person’s consent if an internal search of mouth is to be undertaken. Forcing the mouth open constitutes an internal search and therefore requires consent.
