Controlled Drugs - Powers Flashcards
1
Q
What do your powers to search without warrant under section 21 of the search and surveillance act 2012 allow you to do?
A
- A constable searching a place or vehicle under section 20, may without a warrant search any person found in or on that place or vehicle.
2
Q
What do your powers to search without warrant under section 22 of the search and surveillance act 2012 allow you to do?
A
- Search a person without warrant
- If circumstances are that you have reasonable grounds to believe that the person is in possession of:
= Controlled drugs specified in Schedule 1 Misuse of Drugs act 1975
= Controlled drugs specified in Part 1 of Schedule 2 of Misuse of Drugs act 1975
= Controlled drugs specified in Part 1 of Schedule 3 of Misuse of Drugs act 1975
= Controlled drugs specified in Part 3 of Schedule 4 of Misuse of Drugs act 1975 - And suspect that an offence has been, or being, or about to be committed in respect to the controlled drug or precursor.
3
Q
Under what circumstances can you use these powers?
A
- You must have a belief that the controlled drug you are searching for is contained within the shedules
- ie: the circumstances must have turned your mind so that you are searching for a specific drug.
4
Q
If you utilise these powers, what are your statutory obligations?
A
- RAN Section 125 and RAIN Section 131
- Rights pursuant to Bill of Rights act 1990
- Notification Section 169
- Obtain NCOs Authority before.
5
Q
What would you do if a person refused to be searched under the provisions of section 22, search without warrant?
A
- Arrest for obstruction.
6
Q
What do your powers to search without warrant under section 20, of the search and surveillance act 2012 allow you to do?
A
- Search without warrant a place or vehicle
- If you have reasonable grounds to believe that it is not practicable to a warrant
- and that in or on that place or vehicle there is
= Controlled drugs specified in Schedule 1 Misuse of Drugs act 1975
= Controlled drugs specified in Part 1 of Schedule 2 of Misuse of Drugs act 1975
= Controlled drugs specified in Part 1 of Schedule 3 of Misuse of Drugs act 1975
= Controlled drugs specified in Part 3 of Schedule 4 of Misuse of Drugs act 1975 - And suspect that an offence has been, or being, or about to be committed in respect to the controlled drug or precursor.
- And believes that if entry and search is not carried out immediately evidential material will be concealed, altered, damaged or destroyed.