Emergency Powers

Question 1

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

Answer 1

Section 19 - 24

Question 2

What is section 19 of S/S?

Answer 2

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

Question 3

What is section 20 of S/S?

Answer 3

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.

Question 4

What is section 21 of S/S?

Answer 4

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

Question 5

What is section 22 of S/S?

Answer 5

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.

Question 6

What is section 23 of S/S?

Answer 6

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

Question 7

What is section 24 of S/S?

Answer 7

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

BAIL - could be declined.

Question 8

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

Answer 8

• 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.