Drug searches and stopping vehicles

Question 1

When executing a SW on a place or vehicle for drugs, what can you do if you locate a person in there?

Answer 1

You may search any person found in the place or vehicle you are searching (section 19).

Question 2

What are your obligations and rules set out in Section 125?

Answer 2

RAN

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

When exercising a search power on a person, what can you do?

Answer 3

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

• 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

What is your stopping Power for the purposes of a search?

Answer 4

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 warrantless power

Question 5

What allows you to execute a SW for a vehicle?

Answer 5

Section 127 allows you to enter any place:

• 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.