Drugs

Question 1

Section 20

Answer 1

Warrantless search of places and vehicles in relation to some MODA 1975 offences

Question 2

Section 20 - warrantless searches of places and vehicles in relation to some MODA offences

Answer 2

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

Question 3

Section 21

Answer 3

Warrantless searches of people found in or on places or vehicles

Question 4

Section 21 - Warrantless searches of people found in or on places or vehicles

Answer 4

A constable conducting a search under S20 may search any person found in or on the place or vehicle

Question 5

Section 22

Answer 5

Warrantless power to search for persons for controlled drugs if MODA offence is suspected

Question 6

Section 22 - warrantless power to search people for controlled drugs if MODA suspected

Answer 6

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

Question 7

Section 124 - Internal Search

Answer 7

Internal searches generally prohibited except for with the person’s consent searching the person’s mouth

Question 8

Hill v Attorney General

Answer 8

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

Question 9

Collins v Police 2007 search

Answer 9

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.

Question 10

R v T (1996) - internal search

Answer 10

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

Question 11

R v Roulston

Answer 11

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

Question 12

What is the gist of Hill v Attorny General?

Answer 12

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

Question 13

What is the gist of Collins v Police 2007?

Answer 13

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.

Question 14

What is the gist of R v T?

Answer 14

The purpose of the section is to prevent invasion of the body contrary to accepted standards of dignity and privacy

Question 15

What is the gist of R v Roulston?

Answer 15

That there is no reasonable case for preventing Police using reasonable force to take possession of the drug

Question 16

Must a suspect consent to an internal search?

In what 2 conditions must a medical practitioner not conduct an internal search?

Answer 16

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.

Question 17

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 17

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

Question 18

Who may conduct an internal search?

Answer 18

Answer:

An internal search must be conducted by a registered medical practitioner

Question 19

What constitutes an internal search of a person under SAS

Answer 19

An X ray machine or similar device, or

A manual or visual examination whether using an instrument or not, of orifices (not including mouth)

Question 20

Does requesting a person to open their mouth constitute an internal search?

Answer 20

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.