MODA 1975 - Need to Know

Question 0

Name four drugs from the 2nd schedule or class b drugs

Answer 0

Cannabis resin, cannabis oil, GHB, morphine, opium

Question 1

Name four drugs from the 1st schedule or class A drugs

Answer 1

Meth, LSD, heroin, cocaine, PCP, mushroom

Question 2

Name four drugs listed under the 3rd schedule or class c drugs

Answer 2

BZP, cannabis leaf, cannabis seed, coca leaf, codine

Question 3

Name one drug from the 4th schedule or class d drug

Answer 3

Pseudoephedrine/ephedrine

Question 4

What Powers do you have with Section 20, Search and Surveillance Act 2012?

Answer 4

Warrantless search of places and vehicles
- you have RGTB that there is in or on a place:
- A controlled drug or precursor substance AND
- you have RGTB that it is not practicable to obtain
a warrant
AND
- you have RGTS that it is in or on the place/vehicle and an offence against the MODA 1975: has been/is being/is about to be committed.
AND
- you have RGTB that if entry and search is not done CADD of evidential material will occur.
Then you may:
- Enter
- Search
- Seize
- Using force

Question 5

When doing a Section 20 warrantless search, what section gives power to search persons found at that address?

Answer 5

Section 21: Warrantless search of people found in/on places/vehicles.

• Detain
• Search
• Seize

Question 6

Power to stop a vehicle, RGTS contains controlled drugs?

Answer 6

Section 121:

• Require it to remain stopped
• Detain a Person
• Secure the Vehicle
• Detain any person
• Use reasonable force
• Seize

Question 7

What are your statutory obligations under Section 125, 131 and 129 of the Search and Surveillance Act 2012?

Answer 7

RAIN

Complete the online Notification - section 169

Question 8

if someone is detained do they need C/R?

Answer 8

yes

Question 9

What is the warrentless power to search for controlled drugs on a person?

Answer 9

Section 22 - Search and Surveillance Act 2012
RGTB person is in possession of controlled drug
AND
RGTS offence against MODA 1975:
- has been committed or
- is being committed
- Is about to be committed
You may without warrant:
Search the person
(125 Obligations - RAN)

Question 10

What do you need to prove a prima facie case?

Answer 10

Possession: able to exercise some control over it

Knowledge: knew what it was and that it was in their possession

Usable quantity: was enough to be used