Controlled Drugs: Powers

Question 1

What do your powers to search without warrant under Section 20, 21, 22 of the Search and Surveillance Act 2012 allow you to do?

Answer 1

Section 20 - Warrantless search of places and vehicles in relation to MODA offences
Section 21 - Warrantless searches of people found in or on places or vehicles
Section 22 - Warrantless power to search for controleld drugs and precursor substances if offence against MODA suspected.

Question 2

Under what circumstances can you use these powers?

Answer 2

S20
RGTB that in/on place or vehicle there is
A controlled drug or precursor substance
AND you have RGTB that it is not practical to obtain a warrant
AND you have RGTS that an offence against MODA is/has/will be committed
AND you have RGTB that CADD will occur

—-> S21 search any person on that place or in that vehicle

Question 3

What are your statutory obligations when using S20, 21, 22 of the Search and Surveillance Act 2012

Answer 3

Notify commissioner as soon as possible but no later than end of shift.
ID yourself by name, intention to enter, act and reason.