Drugs Flashcards
Section 20
Warrantless search of places and vehicles in relation to some MODA 1975 offences
Section 20 - warrantless searches of places and vehicles in relation to some MODA offences
A constable may enter and search a place or vehicle if he or she has reasonable grounds to:
(a) BELIEVE that it is not practicable to obtain a warrant AND that the drug is a relevant controlled drug AND
(b) SUSPECT that an offence has been/is being committed
AND
(c) BELIEVE that if a search is not carried out evidence will be CADD’d
Section 21
Warrantless searches of people found in or on places or vehicles
Section 21 - Warrantless searches of people found in or on places or vehicles
A constable conducting a search under S20 may search any person found in or on the place or vehicle
Section 22
Warrantless power to search for persons for controlled drugs if MODA offence is suspected
Section 22 - warrantless power to search people for controlled drugs if MODA suspected
You may search a person if:
- You BELIEVE they are in possession of a relevant controlled drug, and;
- You SUSPECT an offence relating to MODA has been committed
Section 124 - Internal Search
Internal searches generally prohibited except for with the person’s consent searching the person’s mouth
Hill v Attorney General
The taxi case law - Relates to the lawfulness of a search - the right to search without warrant is triggered only when there is an objective belief that one of the drugs expressly included in the 1st schedule or in part 1 of the other schedules is present
Collins v Police 2007 search
Demeanor, appearance and RGTB
Demeanor and appearance, whilst warranting strong grounds for suspicion did not provide Police with RGTB - evidence of demeanor alone is unlikely to justify a search under SSA.
R v T (1996) - internal search
Appellant appeared to be concealing something in her mouth - placed face down on a bed and restrained - spat out 17 morphine tablets - appeal under S21 BORA - the purpose of the section is to prevent invasion of the body contrary to accepted standards of dignity and privacy
R v Roulston
Roulston strip-searched - small package found in his undies - quickly placed it in his mouth - forced to spit it out - appeal dismissed: there is no reasonable case for preventing Police using reasonable force to take possession of the drug
What is the gist of Hill v Attorny General?
The right to search without warrant is triggered only when there is an objective belief that one of the drugs expressly included in the 1st schedule or in part 1 of the other schedules is present
What is the gist of Collins v Police 2007?
Demeanor and appearance, whilst warranting strong grounds for suspicion did not provide Police with RGTB - evidence of demeanor alone is unlikely to justify a search under SSA.
What is the gist of R v T?
The purpose of the section is to prevent invasion of the body contrary to accepted standards of dignity and privacy
What is the gist of R v Roulston?
That there is no reasonable case for preventing Police using reasonable force to take possession of the drug
Must a suspect consent to an internal search?
In what 2 conditions must a medical practitioner not conduct an internal search?
Answer:
Yes. The suspect being searched must voluntarily consent to an internal examination.
A medical practitioner must not conduct an internal examination if they:
– consider that to do so may be prejudicial to the suspects health, or
- are satisfied that the suspect is not prepared to permit an internal examination to be conducted.
What does section 81 of the Search and Surveillance Act 2012 relate to?
What powers does a constable have in relation to that section?
Answer:
The section details the circumstances set out in s/s (2)
- A constable or a customs officer may during the course of a delivery in relation to which the customs officer has exercised his or her powers under section 12 MODA 1975
Answer:
A Constable or Customs Officer may do any or all of the following:
- Search a person involved in a delivery under s12
- Enter and search any place, craft or vehicle
- Seize anything that he or she has RGTB is a thing described in a-d ss(2)
a controlled drug, precursor substance, package to which there were drugs in (replaced in whole or portion by custom officer), evidential material in relation to 6(1)(a) or 12AB of MODA 1975
Who may conduct an internal search?
Answer:
An internal search must be conducted by a registered medical practitioner
What constitutes an internal search of a person under SAS
An X ray machine or similar device, or
A manual or visual examination whether using an instrument or not, of orifices (not including mouth)
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 any thing or instrument into any of those orifices. This is permitted under S87.
