Drugs Flashcards
Clandestine Laboratory -
Unplanned entry procedures. What are you required to do in this situation?
- immediately REMOVE POI’s from the premises
- ISOLATE the site and maintain a SAFETY perimeter
- PRESERVE the crime scene
- NOTIFY the duty inspector / NCO and NCLRT
- seek ADVICE from NCLRT and Fire re decontamination
- occupants and staff who have entered the address are to remain SEPARATED until decontamination issues are addressed
- seek MEDICAL advice if adverse effects occur
What is the aim of an unplanned entry into a clan lab?
Turn an unplanned entry into a planned response and investigation with appropriate structure and procedures
Who can give approval for drug related searches?
Sergeant or above before exercising this warrantless search power for drugs.
What power does S19 of the Search in Surveillance Act 2012 enable a constable to perform?
What three conditions must be present for the power of search to be conducted?
Search any person in or on place vehicle when search warrant for offence under MODA is being executed.
- Warrant granted under section 6 relating to offence under MODA
- Warrant executed by Constable
- Person found in or on place or vehicle
Section 20 Search & Surveillance allows Police to what?
Enter and search place or vehicle without warrant and not practical to get a warrant if RGTB:
- there is controlled drugs or precursors AND
- suspect drug offence has/is/will be committed
- evidential material will be CADD
Section 21 SAS 2012 - Searching People
A constable conducting a search of a place or vehicle under S20 may without a warrant search any person in or on the place or vehicle
Section 22 SASA 2012 -
Warrantless search of Person in any place, a Constable may..
Search a person in any place if RGTB that the person is in possession of a controlled drug or precursor AND suspects drug offence has/is/will be committed.
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.
What is an internal search?
An internal search is an examination of any part of a person’s body by means of:
- X-ray machine or other similar device or
- a manual or visual examination through any body orifice (except mouth)
Collings v Police
Does evidence of a persons demeanor and appearance (eg a person in a car with a wide-eyed gaze, dry swallowing, rubbing tongue) provide Police with reasonable ground for belief under the act?
NO
The High Court found that evidence of demeanor and appearance, whilst perhaps warranting strong grounds for suspicion and seemingly an actual belief in the consumption of the officers concerned did not provide Police with reasonable grounds for belief under the act.
R v T
If a person attempts to swallow drugs, can Police use reasonable force (restrain the person and lay the person face first on a bed) to extract the 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.
S124 SAS, generally prohibits internal search’s of a person except for what circumstance?
Searching the person’s mouth with their consent or internal search under another enactment. (S23 SAS)
In relation to “reasonable grounds for belief’ for drug searches, what are the two beliefs required in the process ?
1st = RGTB controlled drugs in the place, and an offence (involving that drug) has, is or will be committed
2nd = RGTB that the drug is a specified drug
Who may conduct an internal search?
Registered medical practitioner
In what 2 conditions must a medical practitioner not conduct an internal search?
- 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.
