Controlled Drugs: Powers

Question 1

What do your powers to search without warrant under section 20, 21 and 22 of the S&S Act 2012 allow you to do?

Answer 1

S20:
Enter and search Place or vehicle if RGTB CADD will occur.

S21:
Search person in place or vehicle, while conducting S20 search.

S22:
Search person in public place if RGTB drugs/precursors present.

Question 2

Under what circumstances can you use these powers? (S20,21,22)

Answer 2

RGTB drugs/precursors are present.

Question 3

If you utilise these powers, what are your statutory obligations?

Answer 3

Must comply with obligations under S125 and/or S131.

Must advise the person of their rights/caution, pursuant to the BoR Act 1990 because you are detaining them under an enactment.

Question 4

What would you do if a person refused to be searched under the provisions of a section 22, search without warrant?

Answer 4

Warn them that they can be arrested for obstruction if they you do onto to comply with the search.

If they continue to refuse, arrest for obstruction and carry out an 88 search for EM.