Drugs Flashcards
What are the main points of S.20 of the SSA2012?
- -Warrantless search of places & vehicles in relation to some MODA1975 offences*
- (7 points)*
- search place or vehicle
- without warrant
- RG to believe
- not practical to obtain warrant
- controlled drug (shedules)
- suspect MODA offence committing/committed etc
- evidence CADD if not immediate entry
What are the main points of S.21 of the SSA2012? -Warrantless search of people found in or on places or vehicles
(5 points)
- constable
- conducting S.20 search
- may without warrant
- search any person
- found in Place or vehicle
What are the main points of S.22 of the SSA2012? -Warrantless power to search for controlled drugs & precursor substances if offence suspected against MODA1975
(6 points)
- search person only
- without warrant
- RG to believe
- possession
- controlled drug (shedules)
- suspect MODA offence committing/committed etc
does not:-
- limit 20 or 21
- authorise search of Place or vehicle
What are the main points of S.124 of the SSA2012? -Internal Searches generally prohibited
(2 points/2 points)
unless authourised by another enactment an officer must not:
- conduct an internal search
- any part of body
except for:
- with consent
- search mouth
(cannot require anyone else to do an internal search)
You may search a person (Drugs) without warrant if you have what? (4)
- RG2B
- Person in possession of
- controlled drug/precursor ( as per shedules)
- suspect MODA offence about to/committing/committed
(where possible seek approval from sgt or above first)
For the purposes of S.20 & S.21 of the SSA2012, what is a controlled drug or precursor substance?
A controlled drug specified or described in:
- Shedule 1
- Part 1 of Shedule 2
- Part 2 of Shedule 3
or precursor substance specified or described in:
- Part 3 of Shedule 4
of MODA1975
What is an internal search?
(4 points)
an internal search of:
- any part of body
with:
- x-ray machine
- manual or visual exam (with/without device or instrument)
- of any body orifice
What is not an internal search?
(3 places)
a search of:
- mouth
- nose
- ears
(includes with torch or instrument)
BUT must not insert
When can an internal search be required? (3)
Clue: Can only permt a RMP to conduct an internal search under circumstances listed in s.23:
- arrested for MODA offence
- RG2B
- property secreted within their body
Case Law
Hoete v R (2013)
Reasonable grounds for belief
s.18(2)MODA1975 / S.20SSA2015
(explain basic story)
- Petrol Station
- Mackenzie found in car
- RG from history of meth, location, obervations
- warrantless search conducted
- meth, paraphenalia and precursor found
- Memory card found
- info from card - Hoete’s house searched
- Hoete & others charged & convicted
- challenged RG
Case Law
Hoete v R (2013)
Reasonable grounds for belief
s.18(2)MODA1975 / S.20SSA2015
(explain court findings)
- Accepted there was RG for 18(2) warrantless search (cumulative factors)
- No RG to seize and examine memory card
- Card evidence was deemed admissible (value outweighed unlawfulness)
- Appeal dismissed
Case Law
R v Merrett (2006)
Reasonable grounds for belief
s.18(2)MODA1975 / S.20SSA2015
(explain basic story/finding)
- 18(2) search on M’s home
- Charged & Convicted manufacturing Meth/Possess Precusors
- challenged RG relating to ticklist name (no accepted)
- challenged RG that drugs were at address after 5-day delay (accepted)
- timing of delivery was critical
- exclusion of edivence would be disproportionate to breach of rights; appeal dismissed
Case Law
Hill v Attorney-General (1990)
Reasonable grounds for belief
s.18(2)MODA1975 / S.20SSA2015
(explain basic story)
- Taxi stopped by TO
- Police called to MODA search taxi
- Not every controlled drug covered in search power
- Sgt stated did not know what drug searching for
- RG came from info supplied and obs
- unknown white powder seen being traded
- sgt in evidence did not cover his belief it was a controlled drug covered by 18(2)
Case Law
Hill v Attorney-General (1990)
Reasonable grounds for belief
s.18(2)MODA1975 / S.20SSA2015
(explain basic finding-RG two-step)
RG for Belief has a two-step process
- controlled Drug in house/vehicle & MODA offence being committed
- controlled drug involved is one specified
Officer doesnt need to know what drug it is just RG for believing it is involved
Case Law
Collins v Police (2007)
Search: demeanour, appearance & “reasonable grounds for belief”
(explain basic story/finding)
- Officers approach vehicle
- driver wide eyed gaze
- displaying symtoms of consuming meth
- nervous, anxious, rubbing tongue over lips etc
Decision:
- demeanour & appearance alone do not giver RG for B for consumption
- could come from lawful obtained drugs
Case Law
R v T (1996)
Internal Search
s.124 SSA2012/s.18A MODA1975
(explain basic story)
- Police execute search warrant at premises
- appellant concealing something in mouth
- told to spit, tried to swollow
- laid face-first on bed told to spit
- spat out gladwrap with 17 morphine sulphate tabs
- Appealed: package obtained by unlawful means, unreasonable search
Case Law
R v T (1996)
Internal Search
s.124 SSA2012/s.18A MODA1975
(explain basic finding)
- there had not been an internal search
- manual/visual exam (prohibited) does not include what can be seen by normal obs, eg mouth open for speech
- although restrained was not an internal search
Case Law
R v Roulston (1998)
Internal Search
s.124 SSA2012/s.18A MODA1975
(explain basic story)
- appellant strip-searched
- removed small package in underpants
- placed package in mouth/tried to swallow
- Officers applied force to neck & head, nostrils & throat
- appellant opened mouth to shout, package fell out
- seized by officer
- appellant did on purpose to provoke breach of s.124
Case Law
R v Roulston (1998)
Internal Search
s.124 SSA2012/s.18A MODA1975
(explain basic finding)
- officers purpose was to expell package
- secondary purposes prevent ingesting drug & seizure of evidence
- did not contravene s.124 SSA2012
- was not unreasonable search due to saftey concerns
- was not cruel & degrading (NZBoRA)
Case Law
Sneller v Police (2007)
Obsrtuction, Internal Search
s.124 SSA2012/s.18A MODA1975
(explain basic story/finding)
- S refused to spit something out of mouth
- struggle failed to overcome his resistance
- pepper sprayed, expelled pieces of chewed plastic wrap
- negative result for drugs
Finding:
- internal search requires persons consent
- forcing to open mouth was an internal search
- passive resistance not obstruction
- appeal allowed
s.2 Basic interpretation of Hazardous Substance:
(Clue: FEETOC)
Any substance with one or more intrinsic properties:
- Flammable
- Explosiveness
- Eco-Toxicity
- Toxicity
- Oxidise (capable)
- Corrosive
which on contact with air or water (Temp/Pressure) generates a substance with one or more above properties.
s.2A Meaning of term ‘New Organism’
- not present in NZ before 29 July 1998
- not present in NZ before promulgation of relevant regs
- containment approval
- conditional release
- released with controls
- genetically modified
- eradicated from NZ
In relation to Hazardous Substances & New Organisms Act 1996, what is the Interpretation of ‘Emergency?’
- actual/immediate danger to human health or safety
(or)
- danger to environment/chattles…immediate action required to remove
- arising from hazardous substance/new organism
s.136 When can an enforcementy officer declare an Emergency?
(5 points)
- RG2B:
- there is an emergency
and either:
- not CD Emergency Management Act emergency
- not Fire Service Act
- not Biosecurity Act
- no other enforcement officer has declared
s.136 What are s.136 Emergency Powers used for when declareing an emergency?
(4 points)
- Enter premises/dwelling
- Remove cause
- Stabilise situation
- Protect health
When declaring an emergency under s.136 HS&NOA1996, what are the officer’s statutory obligations?
(3 points)
- ID themselves
- State authority to excercise powers
- Announce nature of emergency and area affected
When an emergency has been declared, when does it cease?
Can emergency be extended?
(4 points)
- 48 hours after declaration
- CD Emergency Management Act 2002
- Fire Service Act 1975
- Biosecurity Act 1993
which ever happens sooner
-if none of the above and emergency still exists can declare one further 48 hour period.
What powers exist under s.137 HS&NOA1996 (Emergency Powers)
(9 points)
- Enter premises/dwelling at any time
- Excercise powers (103/119)
- Stop any activity
- request preventative action be taken
- Direct persons to leave
- Refrain persons from entering
- Requistion property to assist
- Destroy property if necessary
- secure site (24hours)
(advise occupier ASAP)
