Chapter 3: Drugs, Mental Health and Alcohol ** Flashcards
Drugs
During an unplanned entry into a suspected Clan Lab, what must you not do to maximise safety?
Do not under any circumstance touch, handle, move, disconnect, deactivate or operate anything.
This is because things might be booby-trapped.
Drugs
During an unplanned entry into a Clan Lab, what are the things that Police need to do and in what order?
7 things. The first three are highlighted.
1) immediately remove persons of interest from the premises
2) isolate the site and maintain a safety perimeter
3) preserve the crime scene
4) notify your duty inspector or duty NCO, contact the NCLRT and where appropriate the fire service and ambulance
5) seek advice from NCLRT or the fire service about decontamination procedures
6) Occupants of the address and staff who have entered the address are to remain separated until decontamination issues have been addressed
7) seek medical advice if you experience any adverse effects
Drugs
What is the aim when you do an unplanned clan lab entry?
The aim is to rapidly convert the unplanned entry into a planned response and investigation with appropriate structure and procedures.
Drugs, Mental Health and Alcohol
- Search and Surveillance Act
Section 20: warrantless search of places and vehicles in relation to offences against the Misuse of Drugs Act 1975
RGTBelieve that there is:
(a) (i) a controlled drug specified or described in schedule 1, part 1 of schedule 2 or part 1 of schedule 3
(a) (ii) a precursor substance specified or described in Part 3 of Schedule 4
(b) Suspect that an offence has been, is being or is about to be committed in the place/vehicle
(c) Believe that CADD will occur if the search isn’t carried out immediately.
Drugs
- Search and Surveillance Act
Section 21: warrantless searches of people found in or on places or vehicle
If you’re searching a place/vehicle from drugs under S+S Sec 20, you can search any person in/on that place/vehicle.
Drugs, Mental Health and Alcohol
- Search and Surveillance Act
Section 22: warrantless search of person for drugs
RGTBelieve that a person has:
(a) (i) a controlled drug specified or described in schedule 1, part 1 of schedule 2 or part 1 of schedule 3
(a) (ii) a precursor substance specified or described in Part 3 of Schedule 4
(b) Suspect that those drugs constitute an offence
Drugs
- Search and Surveillance Act
Section 124: Rules about internal searches of people
1) You can’t conduct an internal search of any person unless authorised by another enactment. You can search inside someone’s mouth with their consent.
2) You can’t require any person to conduct an internal search of any person.
- except if you’re conducting an internal search under section 23 of the S+S Act (this is a search of an arrested person for drugs)
TL;DR if you’re searching a person for drugs, internal searches are generally prohibited.
Drugs
- Search and Surveillance Act
Do you need to get approval when exercising a warrantless search for drugs?
Yes.
Unless impracticable in the circumstances, obtain approval from a sergeant or above before exercising a warrantless search power.
Drugs
- Search and Surveillance Act
What is an internal search?
What is not an internal search?
Internal search:
- examination of inside a person’s body by means of:
- an x-ray or similar device
- a manual or visual examination with or without the aide of an instrument
Not an internal search:
You can do a visual examination of the mouth nose and ears but you can’t insert anything into those orifices. You can use magnifying glasses and other instruments to help with the visual search.
Drugs, Mental Health and Alcohol
- Search and Surveillance Act
Law Notes
Hill v Attorney-General [1990]
Warrantless search for drugs in a vehicle.
Two-step process for belief
Reasonable grounds for belief will usually take a two-step process:
1) Belief that a controlled drug is present AND
2) Belief that that the drug is the right kind of drug
Section 20 of S+S stipulates which drugs can be searched for.
You have to believe that the drugs you're looking for are: Schedule 1 (A class) Part 1 of Schedule 2 (B class) Part 1 of Schedule 3 (C class) Part 3 of Schedule 4 (Meth precursors)
SITUATION:
A Sgt searched a taxi because they had information that a drug deal had occurred.
They didn’t have a clue about what kind of drug but they searched anyway.
Due to the circumstances, the courts can infer that the drugs being dealt would have been on the list but the Sgt admitted during cross-examination that he hadn’t considered the type of drug.
If the Sgt hadn’t said anything there wouldn’t have been a problem.
NOTE:
Usually, all you have to do is ‘turn your mind to the issue’. Your local knowledge about drugs and T.P.C. will form a belief that the drugs are on the list
Drugs
- Search and Surveillance Act
Law Note
Collins v Police [2007]
Believe vs suspect. Vehicle search for drugs.
A male’s driving behaviour was poor and when he was spoken to by Police in his car he showed signs and behaviour that he was high as fuck on meth.
A warrantless search for drugs found meth and cocaine in the car.
He was convicted but then the charge was quashed in the High Court after an appeal.
The judge decided that the behaviour was enough to form a suspicion but not a belief.
The subjects actions could also be explained by someone who was nervous or even someone who used drugs and then got into the car. Nothing suggested that there would be drugs in the car.
There’s another case which behaviour was used to justify a search of a person for drugs but in that case the Defendant ran from Police and was seen tucking things in his pockets. This was adequate to form a belief.
Drugs
- Search and Surveillance Act
Law Note
R v T [1996]
Internal searches regarding mouths
The prohibition of examination of the interior of the mouth does not prohibit the viewing of what can be seen by normal observation of the face, and when the mouth is open for speech.
The purpose of s124 is to prevent invasion of the body contrary to accepted standards of dignity and privacy.
Not every observation attracts the need for statutory authority or a search warrant.
SITUATION:
A drugs search warrant was executed and a female was located at the address. She was obviously holding something inside her mouth and she started trying to swallow it.
Police pinned her down and told her to spit it out. She eventually did and there were 17 morphine tablets in a Glad-wrap pouch.
She was charged for supply of a class B drug but appealed this unsuccessfully.
Drugs
Law Note
R v Roulston [1998]
Internal searches regarding mouth
Guy put drugs in his mouth after they fell out of his pants during a strip-search
The mouth is not viewed the same as more private orifices in the body.
It is also accepted that the mouth is able to swallow things unlike other orifices.
When a person places a drug into their mouth to avoid it being seized, there is no case law that should deter Police from using reasonable force to retrieve the drug.
This is especially true if the subject has placed their health/life at risk by putting the drug in their mouth.
SITUATION:
A male was being strip searched and drugs fell out of his pants. He quickly put the drugs in his mouth but Police put pressure on his throat and blocked his nose to avoid it being swallowed.
RESULT:
1) this wasn’t deemed an internal search because the officers didn’t put their fingers (or anything else) inside the guys mouth
2) There is a consideration that force was justified under section 41 of the Crimes Act to prevent self-harm/suicide
3) It was very far fetched for the Defendant to consider this to be cruel and degrading treatment.
Drugs
- Search and Surveillance Act
Law Note
Sneller v Police [2007]
Internal searches regarding mouths
Male didn’t consent to open his mouth and was arrested for Obstruction
Can you force a person’s mouth open when you’re searching them for drugs and believe that they are hiding drugs in their mouth?
No.
There is no implied duty of a subject to open their mouth and spit things out.
If a drugs search is being carried out and officers ask someone to open their mouth and spit something out, the fact that they do this shows a level of consent for the mouth search (even if they didn’t want to or didn’t realise they could refuse)
If they refuse, you can’t force their mouth open.
S124 states that no internal searches are permitted unless there is a special power for it. There is a small exception when it’s a mouth search and the subject consents to a visual check inside the mouth.
SITUATION:
A male was subject to a warrantless search for drugs and refused to open his mouth. There was a lengthy struggle with the male and he was arrested for Obstruction and also pepper sprayed. After being sprayed he spat out some chewed up plastic that tested negative for drugs.
He appealed the Obstruction charge and got off because he was passively resisting, not obstructing.
Mental Health
Mental Health Act 1992 Section 2
What is a mental disorder?
An abnormal state of mind (whether continuous or intermittent), characterised by delusions, or by disorders of mood or perception or volition or cognition, of such a degree that it:
• Poses a serious danger to the health or safety of that person or others OR
• Seriously diminishes the capacity of that person to take care of themselves
Mental Health
Mental Health Act 1992 Section 38
Obligations of DAO
Anyone can request the assistance of a DAO if they believe that a person is suffering from a mental disorder.
The DAO MUST investigate the matter and satisfy themselves that:
- the request is genuine
- it’s reasonable to believe that the person has a mental disorder
- decide if the person needs a medical examination urgently
If they decide that the person needs a medical examination, but NOT urgently, they MUST arrange or assist in arraigning for a medical practitioner to formally examine the person.
If they decide that the person needs medical examination urgently, they MUST:
- try to get a medical practitioner to come and examine the person
- if the medical practitioner can come they have to make sure the assessment can happen - including call the Police for assistance
- if no medical practitioner can come, they have to try and convince the patient to go to them and then take them there. This may include calling the Police under sec. 41
- once the 8B certificate is issued, they have to help someone apply for a 8A assessment (or do it themselves)
- arrange for a section 9 assessment.
NOTE: that’s super long. The main point is that they are responsible as fuck for making sure that the patient is assessed
Mental Health
Mental Health Act 1992 Section 41
Assisting DAO’s with 1M
Do Police have powers to enter a premisis to detain the 1M?
Yes. If the DAO is carrying out their responsibilities under s.38
A warrant to enter needs to be obtained before entry unless that would be impracticable.
Mental Health
Mental Health Act 1992 Section 41
Assisting DAO’s with 1M
How long can you detain a person for?
Either 6 hours or until the medical examination is completed. Whichever is shorter.
Mental Health
Mental Health Act 1992 Section 109
If you take the 1M to hospital under s.109 and the medical practitioner nominates a different located for the assessment to be conducted, does a DOA need to be present for the transport?
No. Not under 109. You can transport by yourself.
