Drugs, MH And Alcohol

Question 1

Unplanned entry to clan lab

Answer 1

Do not touch, move, handle, disconnect, deactivate or operate anything
Immediately remove persons of interest 
Isolate site and maintain safety perimeter 
Preserve 
Notify duty inspector 
Seek advice from NCLRT or fire service 
Seperate persons possibly contaminated 
Medical advise if adverse effects

Question 2

S&S 20

Answer 2

Warrantless search of places and vehicles in relation to some misuse drugs act offences

Enter and search
Reasonable grounds

Believe not practicable to obtain warrant and that in place or vehicle there is
Controlled drugs from schedule 1
Controlled drug from schedule 2 part 1
Controlled drug from schedule 3 part 1
Precursor substance from schedule 4 part 1

And

Suspect that in place or vehicle offence against misuse act has or is being committed in respect or controlled drug or substance

And

Believe if entry and search not immediate, EM will be CADD

Question 3

S&S 21

Answer 3

Warrantless searches of people found in or on places or vehicles

When searching under 20, may search any person found in or on

Question 4

S&S 22

Answer 4

Warrantless power to search for controlled drugs and precursor substances if offence suspected against misuse drugs act

May search person
Reasonable grounds

To believe that person is in possession of section 20 outlined controlled drugs or precursor

And

Suspect offence against misuse act had, is it about to be committed in respect of that drug or precursor

Question 5

S&S 124

Answer 5

Unless under another enactment

Must not conduct an internal search

Unless mouth only with consent

Must not require any other person to conduct internal search except as provided in section 23 which relates to internal search in some circumstances if under arrest

Question 6

Internal search

Answer 6

Internal exam of any part of body by means of X-ray or similar, manual or visual exam through any body orifice

Not an internal
Visual exam of mouse, nose and ears but must not insert any instrument, device or thing in

Permitted as part of run down search under 87

Question 7

Hill v attorney general 1999

Reasonable grounds for belief

Answer 7

Vehicle stop, old power under 18(2) now s&s 20, used

Reasonable grounds for belief has two step process

First that have reasonable grounds to believe a controlled substance in house or vehicle in respect of an offence

Second, that there are reasons grounds to believe the drug involved is one of those specified

Question 8

Collins v police 2007

Demeanour, appearance and reasonable grounds to believe

Answer 8

Use 18(2), now 20, when completed vehicle stop in Auckland

Appearance of being under influence of meth not sufficient to justify a search under search and surveillance.

Question 9

R v T 1996

Internal search - now 124, formerly 18A

Answer 9

SW and female seen with something concealed in mouth. Restrained and told to spit out but refused so was laid face first in bed. Eventually spat out and contained morphine sulphate tabs

Appealed on ground of unreasonable search

Found that police conduct did not amount to an internal examination

Question 10

R v Roulston 1998

Internal search

Answer 10

Being strip searched. Package seen in underwear which defendant then put in mouth. Force used to restrain and close nostrils and throat to stop from swallowing. Package was ejected.

In balance of probabilities, court found nothing entered mouth and primary purpose of officers was to induce ejection of package.

Mouth now holds lower degree sanctity as other more private body parts. Even more acceptable if person is risking health or life

Question 11

Sneller v police 2007

Obstruction, internal search

Answer 11

Defendant refused to spit out something in his mouth when requested. Turned into lengthy struggle. Convicted of wilfully obstructing a constable acting in the execution of powers under misuse drugs act

Judge allowed appeal as persons consent needed for internal search. As per r v tupara, forcing a mouth to permit inspection requires consent and is an internal search.

Passive resistance rather than obstruction in this case

Question 12

Mentally disorders definition

Answer 12

An abnormal state of mind (continuous or intermittent) characterised by delusions or disorders of mood or perception or volition or cognition of such a degree that:

Poses a serious danger to the health or safety of that person or others

Seriously diminishes the capacity of that person to take care of himself or herself

Question 13

MH section 38

Answer 13

Assistance when person may need assessment

If believe suffering from mental disorder may request DAO

They just investigate to satisfy them self

• concern is genuine and
• reasonable grounds to believe may be suffering mental disorder

Decide on reasonable grounds whether need urgent med exam or not

If not urgent, can arrange for practitioner to examine

If urgent, try get med practitioner to come examine

All of the above around 8B(4)(b) certificate being issued. Not needed if person subject to one within 72hours before

Question 14

MH section 41

Answer 14

Police assistance

DAO May call for assistance if doing anything under 38(4)(b) or (d) or 40(2)

Constable may enter and must produce ID if not in uniform

Under (b) can detain for the shorter of 6hours and the time it takes to do med exam

Under (d) take person to place for med exam and detain for the shorter of 6hours and time taken for exam

Under (2) take person to place they are required to attend and detain for the shorter of 6 hours and time taken to conduct any of the exam which were being refused
Can take back to the hospital under (2)(b)

Must not exercise the power under (2) without warrant if it would be reasonably practicable to obtain a warrant

Question 15

MH 109

Answer 15

Police may apprehend person appearing to be mentally disordered in public place

Take to police station, hospital or surgery or some other appropriate place
Arrange for med practitioner to exam ASAP

To be released if they do not deem them mentally disordered

Look at 8B(4)(b) certificate if deem need exam

Question 16

Arrest provisions

Answer 16

Section 30 crimes act
Protects from criminal responsibility if arrest wrong person in good faith and in reasonable and probable grounds

Section 31
Confers all star powers of arrest without warrant on all constables

Section 34
Confers the power to assist a constable in an arrest on anyone asked to do so

Question 17

S&S to be considered when mentally disordered on private property

Answer 17

Implied licence like the public to enter but must leave if requested if no lawful justification to remain

8- could use if believe offence committed. Can only enter if think will leave to avoid arrest or CADD

7- if suspect unlawfully at large- such as inpatient order and absent without leave

14- enter if suspect risk to life or safety or if suspect may stop or prevent offence being committed that may injure someone, damage etc

18- reasonable grounds to believe suspect may have firearms but by reason of a mental condition incapable of proper control

Question 18

Sale and supply alcohol- section 266

Answer 18

Closure of licensed premise by police, one of five following:

• riot taking place or likely too
• fighting or serious disorder taking place or likely to break out
• significant threat to public health or safety
• conduct amounts to substantial public nuisance
• reasonable grounds to believe offence committed on site carrying 5yr+ and there is a significant risk of further

Can order immediate closure, time stated to end no later than 24hrs from end of the day on which issued

Offence to stay open, fine up to $10k and suspension for up to 7 days

Must be authorised by substantive sgt or above

May use reasonable force

Question 19

Riot definition

Answer 19

Group of 6 or more persons who, acting together, are using violence against persons or property to the alarm of persons in the neighbourhood

Question 20

267 sale and supply of alcohol

Answer 20

Statutory power of entry

May enter and inspect at any time when has reasonable grounds to believe offence against act being committed

Up to $2000 if fail or refuses to admit police

Question 21

Considerations when closing licenced premises under 266

Answer 21

Order can prohibit sale of alcohol or order any person to leave premises

Impact of closure on the licensee

Disgruntled patron effect and likelihood disorder in locality

Account for weight of revise from supporting closure, previous interactions with police, likelihood of escalating violence, duration of closure

Duration:
When order likely to be retired
Closure sufficient to address public nuisance concerns
Impact on licensee

Question 22

Local government act section 169

Answer 22

Powers of arrest, search, and seizure in relation to alcohol bans

Where alcohol ban in force

May search a container in possession of person who is in, entering a restricted place or
A vehicle

Seize and remove any alcohol and its container

Arrest person found committing an offence

Arrest if refuses to comply with request to leave or surrender alcohol

Question 23

Conditions before executing search under 162(2)(a)

Section 170 local government act

Answer 23

Inform they have opportunity to remove the container or vehicle from the public place and
Give reasonable opportunity for them to do this

On specified dates or in relation to specific events, this search however can be immediate. Should have been 14days notice and one or more clear signs

Question 24

Alcohol definition

Answer 24

Is or contains a fermented, distilled or spirituous liquor, and at 29•c is found on analysis to contain 1.15% more ethanol by volume or
Frozen liquid or a mixture and is alcohol as per above when completely thawed at 20degrees
Whatever it’s form, found to contain 1.15% of ethanol or more

Question 25

Public place definition

Answer 25

A place that is open to or is being used by the public, whether free or on payment of a charge and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from it but does not include licensed premises

Question 26

147 - breach of liquor ban

Answer 26

Prove identity and breached by consuming, bringing, possessing in a public place or vehicle in

$250 fine

If unopened, some exceptions