Drug Searches and Stopping Vehicles

Question 1

When executing a search warrant for drugs, when the search warrant application for drugs is specified (against the Misuse of Drugs Act 1975) can you search any person found within the place or vehicle you are searching? And what are your obligations thereof?

Answer 1

YES, you may search any persons found on the place or vehicle specified within the warrant under section 19. Obligations thereof include the following

• Identify yourself by name or unique number
• Advise the person of the enactment under which the search is taking place and the reason for the search, unless it impracticable to do so.
• Produce evidence of identity if not in uniform.

Question 2

When you exercise the power to search a person under Section 19, what “may” you do?

Answer 2

• 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 persons physical possession or immediate control.
• SEIZE anything carried by or in their physical possession or immediate control if the thing us the subject of the search or may be lawfully seized.

Question 3

What does Section 121 give you the power to do?

Answer 3

You may use Section 121 to stop a vehicle if you have the authority to search the vehicle by Search warrant or using a warrantless power