Drugs S&S (Sec 20-22 & 124)

Question 1

Section 20 Warrantless search place/vehicle

Answer 1

A constable may enter and search without warrant if on reasonable grounds:

Believe not practicable to obtain warrant:

A controlled drug specified in Sched 1, Part 1- sched 2, Part 1- sched 3, a precursor Part 3 Sched 4.

Suspect an offence has or is being or about to.

Believe that if not searched not CADD occurs.

Question 2

Section 21 any persons found in place/ vehicle

Answer 2

Conducting a search under Section 20 can also search any person found in or on the place or vehicle.

Question 3

Section 22 Person search

Answer 3

As per section 20

Question 4

Section 124 Internal search

Answer 4

Unless authorised by an enactment an enforcement officer must not conduct any internal search, except with the persons consent only the mouth.

Question 5

What is an internal search?

Answer 5

Internal examination of any part of the person’s body by means of:

x ray or similar device

manual or visual examination through any body orifice.

Question 6

When can an internal search be required?

Answer 6

A constable can only require a person to permit a medical practitioner to conduct an internal examination in circumstances listed in section 23 of the act.

Question 7

Case law HOETE v R

Answer 7

Police had reasonable grounds to conduct warrantless search although police had no reasonable basis to seize and examine memory card. Although some evidence improperly obtained the court allowed the evidence as probative value outweighed impropriety.

Question 8

Case law HILL

Answer 8

Sgt did not know what drug he was searching for.

Cannot search if you cannot confirm which schedule.

Question 9

Case law COLLINS vs Police

Answer 9

Although someone may look like they have consumed drugs this is not enough to create reasonable grounds to believe in possession.