Drug Searches And Stopping Vehicles

Question 1

When you are executing a search warrant for drugs (where the offence specified in the application was an offence against the MODA 1975) you may search any person found in the place or vehicle you are searching under what section?

Answer 1

Section 19

Question 2

If completing a search under section 19 you must remember to comply with what section?

Answer 2

The obligations and rules set our in section 125.

They are:

• ID yourself by name or QID
• 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.
• Produce evidence of identity if not in uniform

Question 3

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

Answer 3

Detain
Use Force
Search any item
Seize anything carried or in their possession or immediate control

Question 4

Section 121 provides the power to do what?

Answer 4

Stop a vehicle if you intend to search it.

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

• executing a search warrant or
• using a warrant less power

Question 5

Section 127 allow you to do what?

Answer 5

Enter any place

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

You must comply with section 131 obligations when entering the place

Question 6

What is section 112?

Answer 6

Removal of items of uncertain status in certain circumstances.

If you are carrying out a lawful search and it is not reasonable practicable to determine whether any items can be lawfully seized you may, 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

Question 7

What is section 123?

Answer 7

Seizure of items in plain view