Chapter 3 - Drugs, Alcohol, Mental Health Flashcards
Explain an unplanned entry in relation to a Clan Lab?
- Immediately remove POI from premises
- Isolate site/maintain safe perimeter
- Preserve crime scene
- Notify duty inspector or NCO, contact NCLRT, local fire service, ambulance
- Seek advice from NCLRT or fire and emergency NZ about decontamination
- Person at address/staff exposed to remain separate until decontamination
- Seek medical if needed
Explain section 19 Search and Surveillance Act 2012?
May search person found in place or vehicle in relation to search warrant issued under s6, if offence in warrant a MODA75 offence
Three conditions must be met:
- sw issued under s6 - offence against MODA75
- warrant is being executed by a constable
- person is found in or on the place/vehicle specified in warrant
Explain section 20 Search and Surveillance Act 2012?
May enter/search place/vehicle without warrant if RGTB that in place/vehicle -
Controlled drugs, precursor substance, and
RGTS offence against MODA75 has been, is being or is about to be committed
If entry is delayed then CADD
Explain section 21 Search and Surveillance Act 2012?
Constable conducting search of a place/vehicle under s20 may without warrant search any person found in or on that place/vehicle
Explain section 22 Search and Surveillance Act 2012?
Search person if -
RGTB in possession of controlled drug, precursor substance
RGTS offence against MODA75 has been, is being or is about to be committed.
Explain section 23 Search and Surveillance Act 2012?
Internal searches -
By mens of X-ray / device or manual / visual examination (whether or not facilitated by any instrument or device) through any body orifice
Not internal -
visual search of mouth, nose, and ears, must not insert anything into orifice
What are some circumstances that require internal searches?
- s6 (dealing with controlled drugs)
- s7 (possession and use of controlled drugs)
- s11 (theft, etc, of controlled drugs)
AND
RGTB suspect has secreted within body any property that may be evidence of offence, the possession of which constitutes any other offence against above
Who may conduct an internal search?
Registered medical practitioner
A medical practitioner must not conduct an internal examination if they?
- consider that to do so may be prejudicial to the suspect’s health, or
- are satisfied that the suspect is not prepared to permit an internal exam to be conducted. The suspect being search must voluntarily consent to an internal examination.
What happens if the suspect fail to permit an internal search?
If suspect fails to permit to internal examination and court is satisfied requirement to permit exam by a medical practitioner was properly made on reasonable grounds -
- Decline bail application
- Order suspect to continue to be detained in custody until:
Expiry of 2 days or they permit an examination.
Explain section 81 Search and Surveillance Act 2012?
(1) Constable/Customs officer may, during the course of a delivery, customs officer has executed powers under s12 Misuse of Drugs Amendment Act 1978 do without warrant -
(a) search person involved
(b) enter/search any place, craft or vehicle
(c) seize anything they RGTB is a thing described in para (a) to (d) of (2) (controlled drug or precursor substance, package replaced by customs, evidential material)
Only to be eexrcised during course of delivery not after
Law Notes -
Explain HILL v Attorney General?
Taxi owned by HILL, searched without warrant under MODA75.
The specific nature of the power to search for drugs without warrant relate to well-known drugs in the first schedule, first parts of the second and third and precursor substances.
RGTB
- 1st RGTB a controlled drug is in the house, vehicle etc in respect of which an offence against MODA75 has been or is being committed, and
- 2nd RGTB the drug involved is one specified.
Law Notes -
Explain COLLINS v Police?
- Appeal against conviction re possess meth/cocaine
- Issue was whether Police had proper grounds for searching vehicle
- Search was invoked due to suspects demeanour/appearance
- Court held that while a good indication, did not provide grounds for belief
- Conviction quashed.
Law Notes -
Explain R v T?
- Search warrant issued
- Female occupant located with something in mouth, refused to spit out
- Was held down face first on bed and told to spit out
- She spat out glad wrap containing controlled drug
- Court held that there had not been an internal search, it was a visual/manual
- Although they held her down, their conduct did not amount to an internal examination.
Law Notes -
Explain R v ROULSTON?
- Appellant strip searched, drugs located, quickly placed in his mouth
- Officers used reasonably necessary force to remove from mouth
- Court held that an internal search was not conducted as no fingers/instruments were placed in his mouth
- Concerns were for the suspects safety and life if he had swallowed drugs
- Mouth not accorded same degree of sanctity as other private body parts
- Appeal dismissed.
Law Notes -
Explain SNELLER v Police?
- Suspect refused to spit out contents of mouth
- Officer forced mouth open
- Constitutes an internal search/consent required
- Appeal allowed
What is the definition of a Mental Disorder as defined in the Mental Health (Compulsory Assessment and Treatment) Act 1992?
Mental disorder -
means an abnormal state of mind (whether continuous or an intermittent nature), characterised by delusions, or by disorders of mood or perception or volition or cognition, of such a degree that it -
(a) poses serious danger to the health and safety of that person of of others, or
(b) seriously diminishes the capacity of that person to take care of themselves
Explain Section 38 Mental Health Act 1992?
Assistance when person may need assessment
Anyone who believes a person is suffering from mental disorder may request assistance from DAO
Explain Section 41 Mental Health Act 1992?
Police assistance
- DAO may request assistance from Constable
- Constable may enter premises if not in uniform, must provide ID
- Constable may detain patient for up to 6hrs/time it takes for medical exam
- Constable may transport to place for medical exam
- Must get a warrant if practicable
Explain Section 109 Mental Health Act 1992?
Police may apprehend person appearing to be mentally disordered in public place
(1) Public place, believe mentally disordered, Constable may if desirable in the interests of the person of public -
(a) take person to Police station/hospital/surgery/some other appropriate place
(b) arrange for medical practitioner to examine person asap
(2) Released after exam if medical practitioner believes the are not mentally disordered
(3) If (1) applies, medical practitioner must asap (a) Issue certificate under s8B(4)(b) and (b) Make application under s8A
Constable may detain for up to 6hrs
When can Police assist DAO’s?
Believe person to have mental disorder, needs examination urgently Police may help the DAO to enable a medical practitioner to examine the person…
And ?
Enter premises where person is and detain person for up to 6hrs or the time it takes to complete the medical examination whichever is shorter.
Must produce ID if not in uniform
When can Police assist DAO’s?
Person must go to medical practitioner for examination but is unwilling to go, help DAO take person and ensure he or she is examined….
And?
May enter premises, and take person to the place of the medical examination and detain there for up to 6hrs or the time it takes to complete the medical examination whichever is shorter.
When can Police assist DAO’s?
If you are helping a DAO return or take a person to a place of assessment or treatment you may?
Enter the premises, take the person to the place they are required to attend and detain the person there for up to 6hrs or the time it takes to complete the assessment, treatment, review or examination and take the patient back to hospital.
Do you need a warrant to assist DAO’s?
Under s41(7) of the Mental Health (CAT) Act 1992, you must not exercise your powers to enter without a warrant if it would be reasonably practicable to obtain one
