STANDARD 6: Drugs and Organised Crime.

Question 1

Procedures for handling/storing exhibits?

Answer 1

• Seize (wear gloves and other protective personal).
• Weigh amount.
• Place into an exhibit bag or envelope and seal appropriately.
• Put it into PROP.
• Print all relevant documents and write the exhibit number in the bag/envelope as well as the file number if you have one.
• Place in the overnight exhibit store.
• Complete chain of custody.
• Complete reporting - TenOne notification and MODA on on duty.

Question 2

Reporting the search and seizure of drugs?

Answer 2

Notify the commissioner when a search power was exercised.

Police policy is by the end of shift, no later the 72 hours with supervisors approval.

This is TenOne notification:
- Summary of the circumstances and reason for exercising a search power.
- Was evidential material seized.
- Will criminal proceedings be brought as a result of the material seized.

Question 3

Section 20 Search and Surveillance Act 2012?

Answer 3

Warrantless search of places or vehicles for offences in relation to the Misuse of Drugs Act 1975.

Question 4

Section 116 Search and Surveillance Act 2012?

Answer 4

Securing place, vehicle or other thing to be searched.

In a manner and for a duration that is reasonable for the purposes of carrying out the search.

Can exclude people for give any other reasonable direction if it is believed that person will obstruct or hinder the exercise of the search power.

Question 5

Section 118 Search and Surveillance Act 2012?

Answer 5

Powers of detention incidental to powers to search places and vehicles.

Any person who is present at the commencement of the search or who arrives during the search can be detained for a reasonable period but for a period that is no longer than the time it takes to complete the search.

So police can determine if there is any connection with the person and the vehicle/place being searched.

Question 6

Section 125 Search and Surveillance Act 2012?

Answer 6

RAN: Persons.

When searching a person:
- Identify by name.
- State name of the act.
- State reason for the search.

Question 7

Section 131 Search and Surveillance Act 2012?

Answer 7

RAIN: Places and vehicles.

• Explain intention to enter the place or vehicle under statutory power.
• Identify self by name.
• State the act.
• State the reason for the search.

On entry supply the occupier a copy of the search warrant redacted to only show that particular place or vehicle.

Does not apply if no one is present, if it would mean endangering safety, if it would counter successful entry into the place or vehicle and if it would counter on going investigations.

Question 8

Section 6 Misuse of Drugs Act 1975?

Answer 8

Dealing with controlled drugs.

No person shall:
- Import or export controlled drugs from New Zealand.
- Produce or manufacture any controlled drugs.
- Supply/administer or offer to supply/administer any controlled drug.
- Have any controlled drug in his or her possession.
- Sell any controlled drug to other person.

Question 9

Section 7 Misuse of Drugs Act 1975?

Answer 9

Possession and use of controlled drugs.

POSSESSION - that person was in possession of the controlled drug and able to exercise control over it.
KNOWLEDGE - They knew t