Drugs Flashcards
1
Q
Import into or export from New Zealand
A
Section 6 (1) (a), MODA 1975
* Import into or export from New Zealand
* any controlled drug
2
Q
Produces or manufactures a controlled drug
A
Section 6 (1) (b), MODA 1975
* Produce or manufacture
* any controlled drug
3
Q
Supply Class A or Class B controlled drug
A
Section 6(1) (c), MODA 1975
* Supplies or administer, or offer to supply or administer or otherwise deal in
* any class A controlled drug or class B controlled drug
* to any other person
4
Q
Supplies, administers, or offers to supply or administer to a person under 18 years
A
Section 6 (1) (d), MODA 1975
* Supplies or administer, or offer to supply or administer
* Any class C controlled drug
* To a person under 18 years of age
5
Q
Sell, or offer to sell, any class C controlled drug to the person of or over 18 years
A
Section 6 (1) (e), MODA 1975
* Sell or offer to sell
* Any class C controlled drug
* To a person of or over 18 years of age
6
Q
Possession of controlled drugs in supply
A
Section 6 (1) (f), MODA 1975
* Have in possession
* Any controlled drug
* For any purpose set out in paragraphs (c), (d), or (e) of section 6 (1) MODA 1975
7
Q
Conspiring to deal with controlled drug
A
Section 6 (2A), MODA 1975
Every person who conspires with any other person to commit an offence against subsection (1) of this section commits an offence against this act and is liable on conviction to imprisonment for a term not exceeding 14 years for class A controlled drug, not exceeding 10 years imprisonment dealing with class B controlled drug and not exceeding 7 years imprisonment in any other case.
8
Q
Supplies equipment/Precursors etc.
A
Section 12A, MODA 1975
Everyone commits an offence against this act who supplies, produces, or manufactures;
A) Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6 (1) (b) or section 9; or
B) Any precursor substance
9
Q
Possession of equipment/ Precursors etc.
A
Section 12A (2)
Every person commits an offence against this Act who has in his or her possession—
(a) any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
(b)any precursor substance—with the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision.
10
Q
Import
A
in relation to goods, means the arrival of the goods in New Zealand in any manner, whether lawful or unlawful, from a point outside New Zealand.
11
Q
Controlled drug
A
controlled drug means any substance, preparation, mixture, or article specified or descried in schedule 1, schedule 2, or schedule 3 and includes any temporary class drug and any controlled drug analogue.
12
Q
Controlled drug analogue
A
Controlled drug analogue means any substance, that is substantially similar to that of any controlled drug. It is a substance that has similar dangerous effects, but that is not specifically listed in the schedules to the act.
13
Q
Produce
A
Produce means to bring something into being or bring something into existence from its raw materials or elements.
14
Q
Manufacture
A
Manufacturing is the process of synthesis, combining components or processing raw materials to create a new substance.
15
Q
Supply
A
supply means “to furnish or provide something that is needed or desired”. Supply includes distribute, give and sell.
16
Q
Distribution
A
The term distribution relates to the supply of drugs to multiple people.
Distribution is complete when the Defendant has done all that is necessary to accomplish delivery of the drug to others.
17
Q
Precursor substance
A
precursor substance means any substance that is the starting point in a chemical process that will result in the creation of a new drug.
18
Q
Administering
A
administering is distinguished from supplying in that it involves introducing a drug directly into another person’s system.
19
Q
Control
A
To control something means to exercise authoritative or dominating influence over it.
20
Q
Conspiracy
A
is an agreement between two or more people to commit an offence.
21
Q
For charges under section 12A (1) (supplies equipment/precursors etc), the crown must prove three elements:
A
- That the Defendant has supplied, produced or manufactured equipment material or precursors
- That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
- That the defendant knows those items are to be used for such an offence by another person.
22
Q
For charges under section 12A (2) (possession of equipment/precursors etc), the crown must prove three elements:
A
- That the defendant has equipment, material or precursors in his possession
- That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
- That the defendant has the intention that those items are to be used for such an offence, either by himself or another person.
23
Q
Q. Circumstantial evidence from which an offender’s intent may be inferred can include
A
- The offenders’ actions and words before, during and after the event.
- The surrounding circumstances
- The nature of the act itself.
24
Q
Q. In drugs cases, additional evidence of intent to supply may be inferred from?
A
- Defendant’s admissions
- Circumstantial evidence (packaging, scales, cash etc.)
- The statutory presumption under section 6 (6)
25
In drug cases it will be necessary for the crown to prove that the Defendant had? KICK
* Knowledge that the drug exists.
* Knowledge that it is a controlled drug
* Some degree of control over it
* An intention to possess it
26
Q. In relation to the importation charge, to proven guilty knowledge the crown must prove that the Defendant? KIK
* Knowledge about the importation
* Knowledge that the imported substance was controlled drugs
* Intended to cause the importation
27
Q. According to R v Cox, discuss types of possession? Or What must the crown demonstrate in order to prove that a defendant was in possession of a controlled drug?
* Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession. (R v Cox)
28
Q. What activities does the term 'supplying a drug' cover?
* Supplying drugs includes distributing, giving or selling drugs
29
Q. When is the manufacturing or production of a controlled drug complete?
* The offence is complete once the prohibited substance is created, whether or not it is a useable form.
For example: R v Rua- Methamphetamine is suspension in two layered liquids, although not capable of being used in that state, was held to have been manufactured.
30
Q. What was held by High Court in relation to a “passive custodian” and their intent to supply a controlled drug?
The High court held that a “passive custodian” who relinquishes custody of a drug to meet the needs of another, has the necessary intent to supply. (R v Wildbore)
In simple words, where a person passively permits a person to help himself having access to the drug, with intent to supply.
31
Q. What are the two elements that the prosecution has to prove in relation to the offence of offering to supply?
* the intention to make the other person believe the offer that has been made is real.
* The offender need not have the drugs nor even intend to sell them to be guilty of the offence.
32
Q. What difference does age make to the offences involving Class C controlled drugs?
The difference in age regarding drug offences means that, when the receiver is: under 18 years of age, it is illegal to supply or administer, or offer to supply or administer, a Class C controlled drug to them
over 18 years of age, the only offences are to sell, or offer to sell, them a Class C controlled drug.
33
Q. Mike has been charged with possession of 5 grams of methamphetamine. List the four things you have to prove in relation Mike's possession of that drug?
To prove possession of a drug, the Crown must prove that Mike had:
* knowledge that the drug exists
* knowledge that it is a controlled drug
* actual physical control or some degree of control over it
* an intention to possess it.
34
Q. In relation to an offence against section 9, of MODA 1975, what must you prove?
* You must prove an identity of the suspect and he/she cultivated a prohibited plant.
35
Q. What is the difference between offence of obstruction committed in the summary offences act 1961 and the MODA 1975?
* The offence of obstruction in the MODA act relates specially to obstructing anyone who is executing powers under the MODA act 1975.
36
Q. Under section 9 (4), there is a defence to charge of cultivation of prohibited plant. What is the defence?
* If the person charged proves that the prohibited plant was of the species papaver somniferous, and that it was not intended to be source of any controlled drug nor that it was being developed as strain from which a controlled drug could be produced.
37
Q. Rose owns a rural property. John, her son, resides with her. John uses the spare bedroom to grow cannabis, which he then supplies to the locals. Rose is aware of John’s illegal activities but does not have any involvement in his activities whatsoever. What can Rose be charged with?
* Rose can be charged under section 12 (1), as she knowingly permitting her premises (spare room) to be used by john to cultivate and supply cannabis, which is an offence against the MODA 1975.
38
Saxton v Police
To import includes "to introduce or bring in from abroad or to cause to be brought in from a foreign country".
39
R v Hancox
"Importation" involved active conduct. It does not cease as the aircraft or vessel enters NZ territorial limits. The process of importation exists from the time the goods enter NZ until they reach their immediate destination or have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee".
40
R v Strawbridge
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless a jury is satisfied beyond reasonable doubt that this was not so.
41
Police v Emirali
"...the serious offence of ... possessing a narcotic does not extend to some minute and useless residue of that substance."
42
R v Rua
The words "produce" or "manufacture" in s6(1)(b) broadly cover the creation of controlled drugs by some form of process that changes the original substance into a particular controlled drug.
43
R v Maginnis
“Supply involves more than the mere transfer of physical control. (it involves) enabling the recipient to apply for the thing to purpose for which he desires”
44
R v During
"[An offer is] an intimidation by the person charged to another that he is ready on request to supply to that other, drug of a kind prohibited by the statute."
45
R v Donald
Supply includes the distribution of jointly owned property between its co-owners.
46
R v Brown
The Defendant is guilty in the following instances;
* offers to supply a drug that he has on hand
* offers to supply a drug that will be procured at some future date
* offers to supply a drug that he mistakenly believes he can supply
* offers to supply a drug deceitfully, knowing he will not supply that drug.
47
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by prosecutions in proof of the Victims age. For example, an independent witness accompanied by a birth certificate.
48
R v Cox
Possession includes two elements; the first one is the physical element, is actual or potential physical custody or control. The second element is mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
49
R v McGinty
The evidence in the present case of continued heroin dealing, in respect of which the orthodox techniques such as searching premises and following vehicles had been tried without success, was sufficient. A judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation.
Disclosure of the identity of alleged informants was not required under the Act, and the trial Judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of informants. However, the trial Judge was entitled to insist on disclosure if he saw fit.
50
Quantity (Supply)
Heroin 0.5 grams
Cocaine 0.5 grams
LSD 2.5 milligram or 25 flakes, tablets etc
Methamphetamine 5 grams
MDMA 5 grams or 100 flakes, tablets etc
Cannabis resin and extract (oil) 5 grams
Cannabis Plant 28 grams or 100 or more cigarettes
Where a controlled drug is not specified in this table, the presumptive amount of that drug is 56 grams.
51
Two people form an agreement to import drugs from Columbia. They organise where it will be delivered, who will pick it up and distribute it. Is this Conspiracy?
- Yes, it is Conspiracy, both the parties had an agreement to commit an offence against MODA 1975 and they played an active role in importing drugs from Columbia and organising its delivery and getting drugs picked up and formulating plans on making arrangement on distribution among multiple people.
52
Section 3 of bail act 2000- explain drug dealing offence?
drug dealing offence means—
(a) any offence against section 6 or 12C(1)(a) of the Misuse of Drugs Act 1975 in relation to a Class A controlled drug or a Class B controlled drug; or
(b) an attempt to commit an offence referred to in paragraph (a)
53
Use of premises or vehicle
S12 MODA 71
Every person commits an offence against this Act who knowingly permits any premises or [any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance] to be used for the purpose of the commission of an offence against this Act.
54
Methods of Importation
1. International Mail Centre: Inside a mail article.
2. International Airport: Arriving courier using either body packing, internal concealment, or concealed within luggage.
3. Imported air freight: Within a freight consignment which can be either commercial or private.
4. Imported sea freight: As with air freight but arrive via sea
5. Transhipped air or sea freight: Transiting through NZ with a final destination in another country.
6. Arriving commercial vessel: Hidden on board or attached to a vessel that is either unloading oir picking up cargo from NZ before continuing onto another country.
55
Interception device
MEEOE
AIDE
means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment or other devices that is used or is capable of being used to intercept or record a private communication (including telecommunication); but does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.
56
Surveillance Device
TVI
means a device that is any 1 or more of the following kings of devices:
*an interception device
*a tracking device
*a visual surveillance device
57
Tracking Device
means a device that may be used to help ascertain, by electronic or other means, either or both of the following:
*the location of a think or a person
*whether a thing has been opened, tamperred with, or in some other way dealt with;
but does not include a vehicle or other means of transport, such as a boat or helicopter.
58
Activities for which surveillance device warrants required
S46 S&S 2012
TOIT
Except as provided in S47 & S48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:
a) use of an interception device to intercept a private communication:
b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods
c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
d) use of a surveillance device that involves trespass to land or trespass to goods
i) 3 hours in any 24 hour period; or
ii) 8 hours in total
59
Activities that do not require a warrant
S47 S&S 2012
BAC
a) the enforcement officer-
i) being lawfully in private premises; and
ii) recording what he or she observes or hears there (provided that the enforcement officer records only those matters that he or she could see or hear without the use of a surveillance device):
b) covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them:
d) activities carried out by the enforcement officer's use of a surveillance device, if that use is authorised under any enactment other than this Act.
60
Situations of Emergency
S48 S&S 2012
Surveillance without warrant in situations of emergency or urgency is permitted only where the offence is:
*14 years +
*Arms Act 1983 offence
*Drug Offence
*Likely the cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed or continuing
*Presenting risk to life and safety and surveillance is necessary as an emergency response.
61
Form and content of Surveillance Device Warrant
S55 S&S 2012
This includes that it must:
prescribed form, if any
*directed to every enforcement officer who has authority to carry out the activities.
*specify a period of up to 60 days to which warrant may be in force
*contain conditions as to providing a surveillance device warrant report
*contain a condition as to privilege
62
Form and content of Surveillance Device Warrant
S55 (2) S&S 2012
Other particulars that the application must contain are as follow:
*name of issuing judge and date,
*the provisions authorising the making of an application for a search warrant in respect to the suspected offence
*the type of surveillance device the use of which the warrant authorises
*the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance;
*the evidential material relating to the suspected offence that may be obtained by use of the surveillance device
*that enforcement officer may use any assistance that is reasonable in circumstances;
*provisions as to provisions of call associated data of the Telecommunications Act 2004
*provisions as to entry and use of force.
63
Evidential Transcripts
The evidential transcript must be a "verbatim copy" of the recording version of the conversations. However, when it is presented to the Court, the recording will be played back in such a manner that extraneous or inadmissible evidence is not disclosed.
64
Clan Lab: Safety Considerations
LNDDDDD
LNSTARS
*Leave the area immediately
*Never touch, taste or smell any chemicals or equipment.
*Do not attempt to stop the chemical reaction, or turn any electrical devices such as lights or fans on or off.
*Do not shut off the water supply to the house or the chemical reaction.
*Do not smoke in or near a Clan Lab
*Do not use tools, radios, cell phones, torches or devices that produce sparks or friction.
*Do not re-enter the premises.
64
Two types of Clan Lab investigations
*unplanned entry
*planned entry
65
Three processes or stages relating to a Clan Lab
*Extraction
*Conversion, and
*Synthesis
66
Symptoms of Clan Lab
*headaches
*watery or burning eyes
*nausea
*burning skin
*coughing or choking
*pain in diaphragm
*feeling of coldness or weakness
*shortness of breath and/or dizziness
*decrease in cognitive function, vertigo and convulsions.
67
Filing charging documents
S28(a) MODA 75
allows you to file charging documents at any time for offences of:
*dealing (s6)
*cultivating (s9)
*aiding offences against corresponding law in another country (s10)
S28(b) MODA 75
states the limitation period for any other offence against the Act or any regulations made under it, is four years after the date on which the offence was committed.
68
Bail: Relevant legislation
16. A Judge only may grant bail for drug dealing offence
17. Restriction on bail if defendant charged with serious Class A drug offence:
1) 18+ or aged 17 years and is charged with the offence in the District Court or the High Court.
2) unless the Defendant satisfies the Judge that bail or remand at large should be granted
3) The Defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit any drug dealing offence.
69
Delivery of drug exhibit
*in-person to the analyst who is to issue the certificate, or to a person authorised by the analyst to receive it.
*by registered post or by courier post with a signature required in a sealed package to an employee who has been authorised by the analyst in charge at the laboratory.
70
Analysis Certificates are only admissible evidence if:
*you notify the Defendant of your intention at least 7 days before the hearing and give them a copy of the analyst's certificate
*the defendant does not require, at least 3 days before the hearing and in writing, that the analyst be called.
*the Court does not request the oral evidnce of the analyst.
71
Equipment
Ther term "equipment" includes the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.
72
What is the difference between a S13A MODA Amendment Act 1978 and a S23 S&S Act 2012 search?
S13A MODA - Dealing with people believed to be concealing class A/B controlled drugs internally.
S23 S&S - Conducting internal searches of people believed to be concealing drugs internally. These people must be under arrest for specific offences and any request for an internal search must be made by a constable.
73
12 things initial action at clan labs where CYFPS
RRRR-PPP-AA-DC
*Removal
*Assignee of an officer to look after and monitory CYP
*Provision of age-appropriate explanations to the CYP about what is going to happen.
*Assessment of the CYP by ambulance staff for injury, illness or respiratory distress.
*Request for CYF's at scene
*Distribution of suitable personal protective equipment to CYFS staff together with decontamination kit for each CYP
*Placing CYP in a Tyvek suit or having them wrapped in a blanket.
*Most appropriate denomination for the CYP
*Photographing of the CYP
*Recording physical conditions
*Recording of the mental state
*Consider securing the clothing worn as an exhibit
Prelim interview
Brief CYFS working of power used, any relevant info gained from prelim, any health and safety concerns resulting from medical assessment.
74
Things to cover in initial interview with CYP at clan lab
*Basic health questions
*The occupants detail.
*Details of other siblings, children or YP at the address
*The sleeping arrangements
*The playing and eating areas.
*School or preschool details
*The name of their doctor
*Knowledge of drugs, manufacturing, dealing activities.
75
List four key activities the telephone investigator should undertake in the first 24 hours of a major operation
Four key activities the telephone investigator should undertake in the first 24 hours of a major operation are:
* Trapping’ or ‘pre loading' phone data
* TSP Liaison
* Draft a production order application early
* Proving phone ownership/use (attribution)
76
Describe the two different types of controlled deliveries.
- There are two options with controlled deliveries. One is a “clean controlled delivery”, where no drugs are left within the consignment. This eliminates any risk of the drugs being lost but also gives greater freedom in organising the surveillance of the consignment and reduces the risk of alarming the targets who may have arranged counter-surveillance. However, at the termination of the operation only “importation” and/or “conspiracy” charges are likely to be filed for those apprehended.
- The second option is to leave an amount of the drug within the consignment to enable the option of charging an offender with a “possession for supply” charge and also provides the availability of emergency powers should the drugs move to people or places that are not covered by search warrants. The remainder of the drugs are substituted.
77
Q. Name the two main types of tracking devices?
Beacon and GPS
78
Q. You are part of a controlled delivery investigation that has installed a tracking device without a surveillance device warrant (SDW), what is the time period in which it either needs to be removed or a SDW (tracking device) should be obtained?
48 hours
79
You have arrested a local methamphetamine manufacturer who is in possession of 30 kilos of substance pseudoephedrine. What schedule of the Misuse of Drugs Act 1975 would you find pseudoephedrine?
Pseudoephedrine is found in Part 2 of Schedule 2 of this act (as it is re-classified as a Class B Controlled Drug).
80
Q. You are part of a controlled delivery investigation. The targets have left with the consignment in the boot of a vehicle. It is not practicable to obtain a search warrant for the vehicle. You have been directed to stop and search the vehicle. Explain what power(s) you can use to stop and search this vehicle?
As it is impracticable to obtain a search warrant for the vehicle you can stop the vehicle pursuant to section 121 of the Search and Surveillance Act 2012, to exercise a power of search. You can then search the vehicle for evidential material relating to the controlled delivery under section 81 of the Search and Surveillance Act 2012. You should record all decisions around stopping the vehicle in your notebook.
81
What is the definition of ‘emergency’ in s135 of the Hazardous Substances and New Organisms Act 1996? 135. Interpretation:
In this Part of this Act, unless the context otherwise requires, “Emergency’’ means: (a) Actual or imminent danger to human health or safety; or
(b) A danger to the environment or chattels so significant that immediate action is required to remove the danger — arising from a hazardous substance or new organism:
82
Which drug offences are deemed to be category three offences
Offences against s6 of the Misuse of Drugs Act 1975 are category three offences. These include:
o − importing or exporting
o − producing or manufacturing
o − supplying or administering, or offering to supply or administer
o − selling or offering to sell (Class C only)
o − possessing for any of the above purposes any controlled drug.
83
When can a defendant charged with a drug offence elect trial by jury?
If the offence is a category three offence (punishable by imprisonment of two years or more) the defendant will have the right to elect trial by jury.
84
Two common examples of instruments of crime in drug dealing cases are
o a house used to manufacture methamphetamine;
o a motor vehicle used to deliver drugs.
85
Section 23 of the Search and Surveillance Act 2012
relates to conducting internal searches of people believed to be concealing drugs internally. These people must be under arrest for specific offences under section 6, 7 or 11 of MODA 1975, in relation to Class A, B and C controlled drugs.
86
Section 13A of the Misuse of Drugs Amendment Act 1978
is for dealing with people believed to be concealing class A or B controlled drugs internally, who are not under arrest.
87
Section 81 of the Search and Surveillance Act 2012
Searches of persons, places, and vehicles relating to deliveries under section 12 of MODA act 1978, if have reasonable ground to believe that person is in possession of, or the place, craft, or vehicle contains, any one of the following;
- a controlled drug
- a precursor substance
- evidential material to the commission of an offence under section 6 (1) (a) or 12 AB of MODA 1975
88
Section 121 of the Search and Surveillance Act 2012
Stopping power with or without warrant for purpose of search
An enforcement officer may stop a vehicle to conduct a search under a power to search without a warrant conferred on that officer by this Act or any enactment specified in column 2 of the Schedule to which this section applies if he or she is satisfied that he or she has grounds to search the vehicle.
89
Section 9 of the Search and Surveillance Act 2012
This section allows an enforcement officer to stop a vehicle without warrant to arrest a person, if constable has reasonable ground to suspect that a person is unlawful at large, or has committed an offence punishable by imprisonment.
Reasonable ground to believe that the person is in or on the vehicle
90
Section 15 of the Search and Surveillance Act 2012
Entry without warrant to find and avoid loss of evidential material relating to offence 14 years imprisonment. (Search place or a vehicle)
91
Section 16 of the Search and Surveillance Act 2012
Searching people in a public place without warrant for evidential material relation to the offence 14 years imprisonment
92
Section 17 of the Search and Surveillance Act 2012
warrantless entry and search of vehicle for evidential material relating to 14 years imprisonment offences.
93
Section 20 of the Search and Surveillance Act 2012
warrantless power search a place and vehicle in relation to some Misuse of Drugs act 1975 offences.
Constable suspect that an offence against MODA 1975 has committed and the EM relation to that offence is in that place or a vehicle.
94
Section 20 of the Search and Surveillance Act 2012
warrantless power search a place and vehicle in relation to some Misuse of Drugs act 1975 offences.
Constable suspect that an offence against MODA 1975 has committed and the EM relation to that offence is in that place or a vehicle.
95
Section 21 of the Search and Surveillance Act 2012
Warrantless searches of people found in or on places or vehicles.
96
Section 22 of the Search and Surveillance Act 2012
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975, search a person.
97
Section 23 of the Search and Surveillance Act 2012
conducting internal searches of people believed to be concealing drugs internally. These people must be under arrest for specific offences under section 6, 7 or 11 of MODA 1975, in relation to Class A, B and C controlled drugs.
