Chapter 3 - Drugs, Mental Health, Alcohol Flashcards
What must you do before invoking a drug search in someone?
Unless impracticable in the circumstances, obtain approval from a sergeant or above before exercising the warrantless search power for drugs.
Section 19 of the Search & Surveillance Act (Search of persons in relation to Misuse of Drugs Act 1975)
A constable may search any person found in or on a place or vehicle, in relation to which a search warrant is issued under section 6, if the offence that was specified in the application for the search warrant is an offence against the Misuse of Drugs Act 1975.
These three conditions must be met
• A search warrant has been issued under section 6 of the act in respect of an offence against the Misuse of Drugs Act 1975z
• The warrant is being a executed by a constable.
• that the person is found in or on the place or vehicle specified in the warrant.
Section 20 of the Search & Surveillance Act 2012 (Warrantless search of places and vehicles in relation to some Misuse Of Drugs Act 1975 Offences)
A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds
• that it is not practicable to obtain a warrant and that in or on the place or vehicle there is a controlled drug under the Misuse of drug act.
• the suspect that in or on the place or vehicle an offence is being committed against the misuse of Drugs Act 1975 has been committed, or is about to be committed, in respect of that controlled drug or precursor substance and
• to believe that, if the entry is not carried out immediately, evidence relating to the offence will be CADD.
Section 21 of the Search & Surveillance Act 2012.
A constable who is conducting a search of a place or vehicle under section 20 may without a warrant search any person found in or on the place or vehicle.
Section 22 of the Search & Surveillance Act 2012.
Warrantless power to search for controlled drugs on person.
(1) A constable may in the circumstances set out in subsection (2) search a person without a warrant.
(2) The circumstances are that the constable has reasonable grounds to believe that the person is in control of any Controlled drug.
What is an internal search?
Section 23 of the Search & Surveillance Act 2012.
An internal search is an internal examination of any part of the persons body by means of
• an X-ray machine or other similar device or
• a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.
What is not an internal search ?
A constable, authorised Officer or searcher may conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but MUST NOT insert instrument, device, or thing into any of these practices.
A visual examinations In these circumstances is not an internal search and permitted as port of a rub-down search (S87)
Who may conduct an internal search?
An internal search must be conducted by a registered medical practitioner.
Does the suspect have to consent to a internal search?
Yes
A medical practitioner must not conduct an internal examination if they
• consider that to do so may be prejudicial to the suspects health; or
• are satisfied that the suspect in not prepared to permit an internal examination to be conducted. The suspect being searched must voluntarily consent to an internal examination.
What can you do if a suspect fails to permit an internal examination?
If a person fails to permit an internal examination to be conducted, and the court is satisfied the requirement to permit an internal examination by a medical practitioner was properly made on reasonable grounds
A court may
Decline to consider the persons bail application.
Order that period to be detained in police custody until the earlier of the following occurs
• the expiry of 2 days after the day on which the y were required to permit an internal examination by a medical practitioner
• they permit the examination to be conducted.
Section 124 of the Search & Surveillance Act 2012 (Internal Searches generally prohibited)
Unless authorised by another enactment, an enforcement officer must not conduct an internal search of any part of the body of any person, except for with persons consent, searching the persons mouth.
A constable must not require any other person to conduct an internal search of any part of the body, except as provided in section 23.
