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Snr Sgts CPK: Chapter 3 > Drugs > Flashcards

Drugs Flashcards

1
Q

What are the main points of S.20 of the SSA2012?

  • -Warrantless search of places & vehicles in relation to some MODA1975 offences*
  • (7 points)*
A
  • 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
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2
Q

What are the main points of S.21 of the SSA2012? -Warrantless search of people found in or on places or vehicles

(5 points)

A
  • constable
  • conducting S.20 search
  • may without warrant
  • search any person
  • found in Place or vehicle
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3
Q

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)

A
  • 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
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4
Q

What are the main points of S.124 of the SSA2012? -Internal Searches generally prohibited

(2 points/2 points)

A

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)

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5
Q

You may search a person (Drugs) without warrant if you have what? (4)

A
  • 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)

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6
Q

For the purposes of S.20 & S.21 of the SSA2012, what is a controlled drug or precursor substance?

A

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

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7
Q

What is an internal search?

(4 points)

A

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
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8
Q

What is not an internal search?

(3 places)

A

a search of:

  • mouth
  • nose
  • ears

(includes with torch or instrument)

BUT must not insert

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9
Q

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:

A
  • arrested for MODA offence
  • RG2B
  • property secreted within their body
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10
Q

Case Law

Hoete v R (2013)

Reasonable grounds for belief

s.18(2)MODA1975 / S.20SSA2015

(explain basic story)

A
  • 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
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11
Q

Case Law

Hoete v R (2013)

Reasonable grounds for belief

s.18(2)MODA1975 / S.20SSA2015

(explain court findings)

A
  • 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
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12
Q

Case Law

R v Merrett (2006)

Reasonable grounds for belief

s.18(2)MODA1975 / S.20SSA2015

(explain basic story/finding)

A
  • 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
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13
Q

Case Law

Hill v Attorney-General (1990)

Reasonable grounds for belief

s.18(2)MODA1975 / S.20SSA2015

(explain basic story)

A
  • 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)
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14
Q

Case Law

Hill v Attorney-General (1990)

Reasonable grounds for belief

s.18(2)MODA1975 / S.20SSA2015

(explain basic finding-RG two-step)

A

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

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15
Q

Case Law

Collins v Police (2007)

Search: demeanour, appearance & “reasonable grounds for belief”

(explain basic story/finding)

A
  • 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
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16
Q

Case Law

R v T (1996)

Internal Search

s.124 SSA2012/s.18A MODA1975

(explain basic story)

A
  • 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
17
Q

Case Law

R v T (1996)

Internal Search

s.124 SSA2012/s.18A MODA1975

(explain basic finding)

A
  • 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
18
Q

Case Law

R v Roulston (1998)

Internal Search

s.124 SSA2012/s.18A MODA1975

(explain basic story)

A
  • 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
19
Q

Case Law

R v Roulston (1998)

Internal Search

s.124 SSA2012/s.18A MODA1975

(explain basic finding)

A
  • 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)
20
Q

Case Law

Sneller v Police (2007)

Obsrtuction, Internal Search

s.124 SSA2012/s.18A MODA1975

(explain basic story/finding)

A
  • 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
21
Q

s.2 Basic interpretation of Hazardous Substance:

(Clue: FEETOC)

A

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.

22
Q

s.2A Meaning of term ‘New Organism’

A
  • 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
23
Q

In relation to Hazardous Substances & New Organisms Act 1996, what is the Interpretation of ‘Emergency?’

A
  • actual/immediate danger to human health or safety

(or)

  • danger to environment/chattles…immediate action required to remove
  • arising from hazardous substance/new organism
24
Q

s.136 When can an enforcementy officer declare an Emergency?

(5 points)

A
  • 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
25
Q

s.136 What are s.136 Emergency Powers used for when declareing an emergency?

(4 points)

A
  • Enter premises/dwelling
  • Remove cause
  • Stabilise situation
  • Protect health
26
Q

When declaring an emergency under s.136 HS&NOA1996, what are the officer’s statutory obligations?

(3 points)

A
  • ID themselves
  • State authority to excercise powers
  • Announce nature of emergency and area affected
27
Q

When an emergency has been declared, when does it cease?

Can emergency be extended?

(4 points)

A
  • 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.

28
Q

What powers exist under s.137 HS&NOA1996 (Emergency Powers)

(9 points)

A
  • 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)

Snr Sgts CPK: Chapter 3 (3 decks)

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