Drug Searches

Question 1

When you are executing a search warrant for drugs (where the offence specified in the application was an offence against the Misuse of Drugs Act 1975) you may search? (Person)

Answer 1

(section 19).

Any person found in the place or vehicle you are searching

Question 2

Drug Searches

Remember to comply with the obligations and rules set out in section 125.

These obligations are (R.A.N)?

Answer 2

1. identify yourself by name or unique number
2. advise the person of the enactment under which the search is taking place and the reason for the search, unless it is impracticable to do so
3. produce evidence of identity if not in uniform

Question 3

Drug Searches

When you exercise a power to search a person you may:

Answer 3

• detain the person to enable the search to be carried out (for as long as is reasonably necessary)
• use force that is reasonable for the purposes of the search
• search any item that the person is wearing, carrying or is in the person’s physical possession or immediate control
• seize anything carried by or in their physical possession or immediate control if the thing is the subject of the search or may be lawfully seized

Question 4

You may use section 121 to stop a vehicle if you have authority to search the vehicle by:

Answer 4

• executing a search warrant
or
• using a warrantless power

Question 5

Section 127 allows you to enter any place:

Answer 5

• to locate the vehicle to execute the search warrant if
• you have RGTB that the vehicle is there.

You are not required to specify a place for the vehicle to be located in the search warrant application. Your search warrant target is the vehicle.

However, you must comply with the section 131 obligations when entering the place.

Question 6

Items of uncertain status and in plain view

The Search and Surveillance Act provides powers for dealing with other items that you may find in the lawful search of a person, place or vehicle or if you are lawfully in any place or vehicle

Answer 6

section 112:
• removal of items of uncertain status in certain circumstances

section 123
• seizure of items in plain view

Question 7

If you are carrying out a lawful search and it is not reasonably practicable to determine whether any item can be lawfully seized you may:

Section 112

Answer 7

Section 112
• remove items for examination or analysis off-site to determine if you can seize them lawfully

Any item you want to remove must be within the scope of the original search.

Example:

1. drugs that require analysis at a laboratory
2. large amounts of documents that may contain evidential material and it is not practicable to sort them on-site.

If you are:
• Exercising a search power or
• Carrying out a lawful search of a person or
• Lawfully in a place or vehicle

Question 8

Items in plain view (section 123)

You may seize any item you find in plain view when you are searching or that you observe if?

Answer 8

(section 123)
• You have RGTB that you could have seized the item under a search warrant or other search power.

Example:
You are searching for a person under Section 8 and look inside a wardrobe for that person. You find a bag of cannabis. As the bag is in ‘plain view’ you may seize it under section 123.

Example:
You attend a family violence incident and while in the lounge talking with the couple involved, you see a distinctive item of clothing which you have RGTB was stolen in a recent burglary. As you are lawfully at the address and the clothing was in ‘plain view’ you can seize it under section 123.