Drugs, Vehicles And Items Of Uncertain Status

Question 1

What may you do when you are executing a SW for Drugs (S19)?

Answer 1

Section 19:

When you are executing a SW for drugs (where the offence specified in the application was an offence against the MODA) you may search any person found in the place or vehicle you are searching

Question 2

What are your obligations when invoking S19?

Answer 2

• Identify yourself by name or QID.
• Advise the person of the Act you’re searching under and the reason for the search (unless impractical).
• Produce evidence of identity if not in uniform.

Question 3

When you exercise a power to search a person, what are you able to do?

Answer 3

• DETAIN the person to enable the search to be carried out (for as long as is reasonably necessary).
• USE FORCE that is reasonable for the purposes of the search.
• SEARCH ANY ITEM that the person is wearing, carrying or is in the person’s physical possession or immediate control.
• SEIZE anything that is the subject of your search or may lawfully be seized.

Question 4

What does S121 allow?

Answer 4

Section 121 provides the power to stop a vehicle if you intend to search it.

You may use section 121 to stop a vehicle if you have authority to search the vehicle by:

• Executing a search warrant; or
• Using a warrantless search power.

Question 5

What does S127 allow?

Answer 5

Section 127 allows you to enter any place:

• To locate the vehicle to execute the search warrant; if
• You have RGTB that the vehicle is there.

You are not required to specify the place for the vehicle to be located in your SW application. Your SW target is the vehicle.

You must comply with 131 obligations when entering the place.

Question 6

What does S112 allow?

Answer 6

s112 - Items of uncertain status may be seized.

If you are carrying out a lawful search and it is not reasonably practicable to determine whether any item can be lawfully seized you may:

• Remove items for examination or analysis off-site to determine if you can seize them lawfully.

Any item you want to remove must be within the scope of the original search.

Question 7

What conditions must exist for you to invoke S112?

Answer 7

You must be:

• Lawfully in a place or vehicle; and
• Exercising a power of search; or
• Carrying out a lawful search of a person;

Question 8

Provide two examples of use of S112?

Answer 8

1. Drugs that require analysis at a laboratory.
2. Large amounts of documents that may contain evidential material and it is not practicable to sort them on-site.

Question 9

What does s123 allow?

Answer 9

s123 Seizure of items in plain view:

You may seize any item you find in plain view when you are searching or that you observe if:

-You have RGTB that you could have seized the item under a search warrant or other search power.

Question 10

Provide two examples of the use of S123?

Answer 10

1. You are searching for a person under s8 and look inside a wardrobe for that person. You find a bag of cannabis. As the bag is in plain view you may seize it under s123.
2. You attend a FV incident and while in the lounge talking with the couple involved, you see a distinctive item of clothing which you have RGTB was stolen in a recent burglary. As you are lawfully at the address and the clothing was in plain view you can seize it under s123.