Drugs Flashcards
Outline section 20 search and surveillance act warrantless search of places and vehicles in relation to drug offences
Police may enter and search a place or vehicle given belief it is impractical to obtain a warrant and schedule one, part one schedule two, part one scheduled three, precursor substance part three schedule four drug is within, and suspect an offence, and believe evidence CADD. S21 search of person in or on permitted.
Outline section 22 warrantless power to search a person
Police may search a person without warrant with belief they possess a controlled drug or precursor substance and suspect an offence in respect of that drug or precursor substance, the section does not allow entry to or place or vehicle
Outline section 124 internal searches generally prohibited
Police, unless authorised by another enactment, must not conduct an internal search of any part of the body of any person except, by consent, the mouth nor require any other person to conduct such a search. Internal search includes x-ray machine or manual or visual examination of an orifice except illumination or magnification of the mouth nose and ears
Case law Hoete v R
How old that police had no reasonable grounds to examine and sees a memory card found during a drug search. It was ruled improperly obtained however the evidence was found admissible as probative value outweighed impropriety
Case law Hill v AG taxi driver stopped after midnight
Reasonable grounds for belief will usually be at to step process, one are there are reasonable grounds for believing a controlled drug is present, two are there reasonable grounds for believing the drug involved is one of those specified
Case law Collins v Police driver approached after driving at 10 to 15 KPH with a wide eyed gaze, dry swallowing, rubbing his tongue over his lips, nervous and anxious
Each case will be decided on its facts, but evidence of demeanour and appearance alone is unlikely to justify a search. The symptoms could be exhibited by people who have consumed drugs lawfully and nervousness can be experienced by innocent people being interviewed by the police in public
R v T female seen to have something concealed in her mouth, restrained, told to spit it out. Appealed that the package was obtained by unlawful means amounting to unreasonable search and seizure
Decision there had not been an internal search. The prohibition of a manual or visual examination inside the mouth does not prohibit the viewing of what can be seen by normal observation of the face and when the mouth is open for speech. Restraining the appellant did not amount to an internal examination
Case law R v Roulston oh when searched placed a package containing restricted drugs into his mouth provoking a struggle during which police forced the appellants neck and head area, closed his nostrils and depressed his throat eventually causing him to shout out ejecting the package
Held that an internal search was not completed as nothing was put into the appellants mouth. No more force than reasonably necessary was used, no persuasive case preventing this action especially considering S 41 crimes act.
Case law Sneller v Police in which the appellant successfully appealed conviction after refusing to spit something out of his mouth when requested, prompting a lengthy physical struggle.
Held that consent is required for an internal search of the mouth and forcing a mouth open constitutes an internal search, Sneller was entitled to decline to allow the internal search and there was no specific power entitling police to require him to spit out the contents of his mouth.
On an unplanned entry into a clan lab, in addition to not touching handling moving disconnecting the activating or operating anything what should police do?
Remove persons of interest, isolate the site, establish a safety perimeter, preserve the scene, notify the duty inspector and NCLRT and fire service and ambulance, seek their advice about decontamination, keep occupants separated, seek medical advice
Define a hazardous substances under the hazardous substances and new organisms act
A substance with one or more of the following intrinsic properties, explosiveness, flammability, oxidisation, corrosiveness, toxicity, eco-toxicity, or in contact with air or water generates such a substance.
Define a new organism under the hazardous substances and new organisms act
A species not in NZ before 29 July 1998, not present in New Zealand at the time of the regulation, containment approval given, conditional release approval given, release with controls, genetically modified, eradicated from NZ
Where a civil defence emergency has not been declared, nor a fire service emergency nor a biosecurity emergency nor any other emergency declared, if an officer believes a hazardous substance or new organism emergency exists they may declare one, giving what powers?
Enter any building, direct any person to stop any activity, request any person to take any action to prevent or limit the emergency, direct any person to leave, direct any person not to enter, requisition any property, destroy any property, secure the site for 24 hours thereafter.
