Drugs Flashcards
What must you do in an unplanned clan lab entry?
- Remove all persons from address
- Isolate site and maintain safety perimeter
- Preserve the crime scene
- Notify duty NCO, Clan lab team, ambo and fire if appropriate
- Seek advice from clan lab team or fire about decontamination procedures
- occupants and staff that entered the address to be kept separate until decontamination has been addressed
- seek medical advice if any ill effects
What is the aim in an unplanned clan lab entry?
To rapidly convert from unplanned entry to planned response and investigation. DO NOT TOUCH, DISCONNECT, MOVE ETC ANYTHING
What is s20 of the S & S Act?
A constable may enter and search a place or vehicle if he or she has reasonable grounds to believe
- It is not practicable to obtain a Warrant and that in or on that place or vehicle there is a controlled drug or precursor substance AND
- Suspect that in or on that vehicle or place an offence against the Misuse of Drugs Act 1975 is, has or will occur AND
- Believe that if entry is not made immediately evidential material may be CADD
What is s21 of the S & S Act?
A constable may search any person found in or on a place or vehicle subject to a s20 search
What is s22 of the S & S Act?
A constable may search a person withoiut warrant if he or she has reasonable grounds to believe
- The person is in possession of a controlled drug or precursor substance AND
- Suspect that an offence against the Misuse of Drugs Act 1975 is, has or will occur.
Under s124 S & S Act internal searches are prohibited. What is the exception?
You may search a persons mouth with their consent.
Who do you get approval from for a drugs search?
Sergeant or higher unless impracticable in the circumstances
What counts as an internal search?
- xray or similar
- manual or visual examination of any orifice
What is not an internal search?
A visual exam of the mouth, nose and ears (you can use a torch) These come under the rub down search (s87)
In HILL v Attorney-General a decision was made regarding a drug search and knowing the identity of the drug. Explain
You need to know what drug you are searching for ie you must have a belief that it is one of the drugs relevant to the search. This is generally obvious from the circs but must be noted.
Can you use demeanor as the sole way to form belief for a search?
Highly unlikely but technically possible in the correct circs
R v T involves a female trying to swallow a roll of morphine tablets. She was restrained and forced to spit the tablets out. What is the lawfulness of this?
She was made to spit the tablets out after being seen trying to swallow something. No officers put their fingers in her mouth, she was only restrained and forced to spit them out. If something is obvious from the outset like that it does not amount to internal search and seizure.
During a strip search the subject grabs drugs from underwear and places them in his mouth. Is it an internal search of the mouth to go get them?
No as he is attempting to pervert the lawful search ad make it unlawful. You also have a defense under s41 of the Crimes Act
If someone refuses to spit something out can they be done with obstruction?
No they must consent to a search of the mouth. It is mere passive resistance. You can decline a search of the mouth by keeping it shut.
