Drug Seaeches Flashcards
s20 - search of places and vehicles for MODA offences
Enter and search without warrant if you have reasonable grounds to believe
it is not practical to obtain a warrant
and
that in or on the place/vehicle any schedule 1, 2, 3 drugs or precursor substance
and
That an offence had been, is being or about to be committed
and
If entry isn’t carried out immediately EM relating to the offence will be CAAD
s21 - warrantless searches of people found in or on places/vehciles
If conducting a search under section 20 you may search any person found in or on a vehicle or place
s22 - warrantless power to search for controlled drugs /precursor substances
Must believe the person is in possession of drugs/precursor substance
That an offence had been, is being or about to be committed
This section does not limit s 20/21
Does not authorise entry and search of a place/vehicle
s124 - internal searches generally prohibited
Unless there is another enactment must not conduct internal search of any part of the body except with their consent, searching the persons mouth
Must not allow another person to conduct an internal search except as provided in s23. (Certain drug offences)
What is an internal search?
Examination of any part of the persons body by
- X-ray or similar device
- manual or visual exam (whether or not facilitated by an instrument or device) through any body oriface
What is not an internal search?
A visual examination (with an instrument designed to illuminate or magnify) the nose, mouth and ears but not insert anything into those orifaces.
This is not an internal search and is classified as a run down search
Who may conduct an internal search?
Registered medical practitioner
When can an internal search be required?
Constable can only require a medical practitioner to do this in circumstances listed in s23 ( believe the person has drugs/property secreted within their body.
R v HOETE
Karaka
Reasonable ground for belief
Search of vehicle for drugs - located drugs and memory card which later had evidence of a clan lab.
Memory card had no reasonable basis to be examined but court ruled it as improper but allowed it in as evidence
Appeal by HOETE was dismissed.
R v MERRETT
Reasonable ground for belief
Search of his house result in charges of manufacture meth and possession of precursors
Challenged
- No reasonable grounds to believe he was the name in the tick list
- Unreasonable to believe the package contained drugs after a 5 day delay between delivery and seizure
Was ruled a timing issue with the 5 day delay.
Held - search was unreasonable even though police had a genuine subjective belief of it’s legitimacy
However exclusion of this evidence would be disproportionate and appeal was dismissed.
Hill v Attorney General
Reasonable ground for belief that the controlled drug is present AND belief the controlled drug is a specified one
You need to be specific and ID the drug involved ideally but you don’t need to know the drug ID just reasonable grounds for believing it’s involved.
The Sgt didn’t turn his mind to this issue
Collin’s v Police
Evidence of demeanour and appearance solely isn’t enough to warrant reasonable grounds for belief
Will need further evidence to warrant reasonable ground for belief
R v T
Internal search relates to s124 S&S
Had something concealed in mouth. Restrained on the bed and eventually spat out the 17 morphine tablets
There was no internal search
R v Roulston
Internal search related
Strip search, package dropped and he put it in his mouth.
Officer applied force to his neck, blocked nostrils. He open mouth to shout and package dropped out and was seized.
Found not to be internal search and primary purpose was to eject the package but behind that was preventing the ingestion for health and safety reasons
Appropriate force used and justified
Shelled v Police
Obstruction of an internal search
Charged with obstruction.
Passively declined to spit out the package he chewed. When he spat it out no drugs were located.
Appeal was allowed as no specific power to get him to spit it out.
