Drugs, HSNO emergency Flashcards
20 SASA - warrantless search place /vehicle for drugs
Believe Not practical to obtain warrant AND On place or vehicle Drugs Schedule 1, Schedule 2 part 1 Schedule 3 part 1 Schedule 4 part 3 precursors AND Suspect offence AND Believe dcad if not immediately searched
22 SASA warrantless search person drugs
Constable may
Search w/o warrant
Believe
Person in possession of Drugs Schedule 1, Schedule 2 part 1 Schedule 3 part 1 Schedule 4 part 3 precursors AND suspect offence Has, is being, about to be
124 internal search - must not conduct except…
With consent
Persons mouth
Approval for warrantless drug searches
Obtain approval from sergeant
Unless impracticable
What is an internal search
Any part of the body
By means of
X-ray or similar device
Manual or visual examination through any body orifice
What is NOT an internal search
Constable or AO may conduct Visual exam of (inc. facilitated by instr.) Mouth, nose, ears MUST NOT Insert instrument, device or thing
Who may conduct an internal search?
Registered medical practictioner
When can internal search be required?
Constable can require Person to permit medical examiner If Under arrest for MODA offence AND Believe person has property secreted
Drugs reasonable grounds to believe
Two step process
Believe controlled drug is in house vehicle etc of which offence has been or is being committed
AND
Believe drug involved is one specified
Drugs: demeanour and appearance
Evidence of demeanour and appearance alone is unlikely to justify a search
Person deliberately placing drugs in mouth to avoid it being seized - use of force
There is no persuasive case for preventing police using reasonable force particularly in the view of section 41 crimes act 1961 to prevent commission of suicide or immediate and serious injury
Hazardous substance means a substance that has one of the following characteristics
Explosiveness Flammability Capacity to oxidise Corrosiveness Toxicity Eco-toxicity
A new organism is…
Organism belonging to a species not present in NZ immediately before 29 July 1998
HSNO Emergency means…
Actual or imminent danger to human health or safety or
A danger to the environment or chattels so significant that immediate action is required to remove the danger
Arising from a hazardous substance or a new organism
Cessation of Declaration of emergency section 136
Any emergency declared under this section shall cease 48 hours after the time of declaration or…
powers under section 137 HSNOA in respect of emergency allow a person to…
Enter any premises or dwelling
Remove the cause of the emergency
Stabilise the situation to limit the actual likely adverse effects of the emergency
Protect the health and safety of people chattels or the environment
The authority referred to in section 136 (3)(b) HSNOA is…
The environmental protection authority
When a hazardous substance or new organism emergency has been declared under section 136 an enforcement officer may
Enter any premises or dwelling any time
direct any person to stop any activity which may contribute to the emergency
request any person either verbally or in writing to take any action to prevent or limit the extent of the emergency
Direct any person to leave any place in the vicinity of the emergency
direct any person to refrain from entering the vicinity of the emergency
Requisition a property for use in the emergency
destroy any property or anything in order to prevent or limit the extent of the emergency
secure the site for up to 24 hours following the decision of the enforcement officer that the immediate danger has passed
How long after The immediate danger has passed at a HSNO Emergency can the site be held
Up to 24 hours following the decision of the enforcement officer that the immediate danger has passed
