Drugs, vehicles and Items of uncertain status

Question 1

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

Answer 1

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 are searching s19.

Question 2

When you exercise a power to search a person you may?

Answer 2

• 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 persons physical possession or immediate control.
• Seize anything carried by or on their physical possession or immediate control if the thing is the subject of the search or may be lawfully seized.

Question 3

What does s121 allow?

Answer 3

Section 121 provides the power to stop a vehicle of 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 4

What dos s127 allow?

Answer 4

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 a place for the vehicle to be locates in the SW application. Your SW target is the vehicle

You must comply with 131 obligations when entering the place.

Question 5

What does s112 allow?

Answer 5

s112 Removal of items of uncertain status in certain circumstances.

If you are carrying out a lawful search and it is not reasonably practical to determine whether any item can be lawfully seized you may:
-Remove items for examination or anlysis off-site to determine of you can seize them lawfully.

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

Question 6

Provide two examples of use of s112?

Answer 6

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 7

What does s123 allow?

Answer 7

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 8

Provide two examples of use of s123?

Answer 8

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 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.