Drugs, Mental Health And Alcohol Flashcards
An offender being strip searched quickly grabs a small drug package and places it in his mouth and attempts to swallow.
Force was applied to head and throat.
Is this an Internal search?
No. Police attempt to seize package normally was interrupted when offender placed it in their mouth. No officer placed anything in offenders mouth and they feared for his safety.
A search warrant is executed and an offender has an item concealed in her mouth, clearly seen and trying to swallow. They have managed to obtain the drug package.
Offender was placed facedown and ordered to spit it out.
Is this an Internal search?
No. It was a normal observation of the face
An offender refused an officers request to spit something out of his mouth. Force was used, including pepper spray, resulting in offender spitting out plastic wad.
Is this an Internal search?
Yes. An intent to search mouth is an intent to conduct an internal search.
They MUST consent.
What grounds must exist for a warrantless search for drugs in a place/vehicle?
RGTB it’s in there.
(Belief formed when drug or paraphernalia is seen and is now being searched for, you should be thinking about looking for such drugs like meth or weed)
A rugby game is cancelled at halftime due to the fans riotous (6+) behavior and fighting. They have now moved to the clubs bar and likely to continue.
What can you do?
Order the closure of the bar for up to 24hours from the end of the day.
(Licensee must seek revocation from judge or 2 JP’s)
