Drugs Flashcards
Clan Lab - unplanned entry
- immediately remove POIs form the premises
- isolate the site and maintain safety perimeters
- preserve the crime scene
- notify duty inspector, NCO and NCLRT
- seek advise from the NCLRT and fire re decontam
- occupants and staff who have entered the address are to remain separated until decontam issues are addressed
- seek medical advice if adverse effects occur
What is the aim of an unplanned entry into a clan lab?
The aim is to turn an unplanned into a planned response and investigation with appropriate structure and procedures.
Section 20 S&S Act 2012 - allows police to?
Enter and search a place of vehicle without warrant if RGTB it is not practicable to get a warrant and in/on the place or vehicle and there is:
(a) a controlled drug specified in schedule 1, 2 or 3 of the act AND
(b) suspects in respect of the drug AND
(c) believe that if entry is not carried out immediately evidential material will be CADD.
Section 21 - searching people
A constable conducting a search under section 20 may search a person in/on the place or vehicle.
Section 22 - search of person in any place
A constable may search a person if RGTB that a person is in possession of:
(a) a controlled drug specified in schedule 1, 2 or 3 of the act AND
(b) suspects an offence has/is/will be committed in respect of that drug
Do you require approval from a supervisor for a section 22 related drug search?
YES - unless impracticable to do so, approval from a sgt or above should be obtained before exercising the power.
Does requesting a person to open their mouth constitute an internal search?
NO - a constable or authorised officer may conduct a visual examination of the mouth, nose and ears but must not insert anything or instrument into any of those orifices. This is permitted under section 87.
What is an internal search?
An internal search is an examination of any part of a persons body by means of:
- x ray machine or other similar device OR
- a manual or visual examination through any body orifice (except mouth)
Does evidence of a person’s demeanour and appearance (eg a person in a car with a wide eyed gaze, dry swallowing, rubbing tongue) provide police with RGTB under the act?
NO - the high court found that evidence of demeanour and appearance, whilst perhaps warranting strong grounds for suspicion and seemingly on actual belief in the consumption of the officers concerned did NOT provide police with RGTB under the act.
If a person attempts to swallow drugs can Police use reasonable force (restrain the person and lay the person face first on the bed) to extract drugs?
Yes reasonable force can be used. The court of appeal confirmed this does not amount to an unreasonable search nor does it constitute an internal search.
