Emergency Powers Flashcards

1
Q

Which powers under S/S for entering and searching people in relation to offences under MODA 1975?

A

Section 19 - 24

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2
Q

What is section 19 of S/S?

A

With a SW
- Search any person found in or on a place or vehicle in relation to offence of MODA

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3
Q

What is section 20 of S/S?

A

Warrantless Search
- May enter, search a place or vehicle if RG
- Believe not practicable to obtain Warrant that there is Controlled Drug
- Suspect that in, or on the place or vehicle offence against MODA has, is, will be committed AND
- Believe CADDS will occur if not carried out immediately.

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4
Q

What is section 21 of S/S?

A

Warrantless Search
- Search any person found in or on the place or vehicle

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5
Q

What is section 22 of S/S?

A

Warrantless Search
- Believe that PERSON is possession of Controlled Drug
- Suspect the PERSON (offence against MODA) has, is, will be committed AND
- Believe CADDS will occur if not carried out immediately.

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6
Q

What is section 23 of S/S?

A

Medical Practitioner to examine (internal) via x-ray machine/similar device OR manual or visual examination (with or without device) through any body orifice.

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7
Q

What is section 24 of S/S?

A

Not permitting internal examination
- Held in custody for 2 days (since request)
- Or person permits the examination

BAIL - could be declined.

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8
Q

Emergency Powers - Relating to Controlled Devices - What is section 81 of S/S?

A
  • Search a person involved in delivery
  • Enter and search any place, craft or vehicle
  • Seize anything he/she has reasonable grounds to believe to be a drug, substance, package, material in offence of MODA.
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