CH 3 -Drugs

Question 1

For the purposes of S.20 & S.21 of the SSA2012, what is a controlled drug or precursor substance? (4)

Answer 1

• Shedule 1 Misuse of Drugs Act (MDA)
• Part 1 of Shedule 2 MDA
• Part 1 of Shedule 3 or
• Precursor substance specified or described in: Part 3 of Shedule 4 of MODA1975

Question 2

Case Law

Collins v Police (2007)Search: demeanour, appearance & “reasonable grounds for belief” (explain basic story/finding)

Answer 2

• Officers approach vehicle driver wide eyed gaze
• displaying symtoms of consuming meth
• nervous, anxious, rubbing tongue over lips etc Decision: demeanour & appearance alone do not given RG for B for consumption
• could come from lawful obtained drugs

Question 3

Case Law

Hill v Attorney-General (1990) Reasonable grounds for beliefs.18(2)MODA1975 / S.20SSA2015

House search (explain basic finding-RG two-step)

Answer 3

• RG for Belief controlled Drug in house/vehicle
• & MODA offence being committed controlled drug involved is one specified Officer doesnt need to know what drug it is just RG for believing it is involved

Question 4

Case Law

Hill v Attorney-General (1990) Reasonable grounds for beliefs.18(2)MODA1975 / S.20SSA2015 (explain basic story)

Taxi/Sgt

Answer 4

• Taxi stopped by Traffic Officer
• Police called to MODA search taxi
• Not every controlled drug covered in search power
• Sgt stated did not know what drug searching for
• RG came from info supplied and obs
• unknown white powder seen being traded
• sgt in evidence did not cover his belief it was a controlled drug covered by 18(2)

Question 5

Case Law

Hoete v R (2013) Reasonable grounds for beliefs.18(2)MODA1975 / S.20SSA2015 (explain basic story)

Petrol station / memory card

Answer 5

• Accepted RG for 18(2) search (cumulative factors / observations)
• warrantless search conducted
• meth, paraphenalia and precursor found / Memory card found
• info from card - Hoete’s house searched
• charged & convicted / appealed /challenged resonable grounds
• No RG to seize and examine memory card
• Card evidence was deemed admissible (value outweighed unlawfulness)
• Appeal dismissed

Question 6

Case Law

R v Merrett (2006) RTB s.18(2) MODA1975 / S.20SSA2015 (explain basic story/finding)

Manufacture/delay ex warrant

Answer 6

18(2) search on M’s home

• Charged & Convicted manufacturing Meth/Possess Precusors challenged RG relating to ticklist name (no accepted) challenged RG that drugs were at address after 5-day delay (accepted)
• timing of delivery was critical
• exclusion of edivence would be disproportionate to breach of rights; appeal dismissed

Question 7

Case Law

R v Roulston (1998) Internal Searchs.124 SSA2012/s.18A MODA1975

cell search/mouth/safety concern

Answer 7

• Appellant strip-searched removed small package in underpants placed package in mouth/tried to swallow
• Officers applied force to neck & head, nostrils & throat
• appellant opened mouth to shout, package fell out
• seized by officer
• appellant did on purpose to provoke breach of s.124 officers purpose was to expell package​
• secondary purposes prevent ingesting drug & seizure of evidence
• did not contravene s.124 SSA2012
• was not unreasonable search due to saftey concerns
• was not cruel & degrading (NZBoRA)

Question 8

Case Law

R v T (1996) Internal Searchs.124 SSA2012/s.18A MODA1975

internal search/looking inside

Answer 8

• Search warrant at premises appellant concealing something in mouth told to spit, tried to swollow
• laid face-first on bed told to spit
• spat out gladwrap with 17 morphine sulphate tabs Appealed: package obtained by unlawful means, unreasonable search
• There had not been an internal search manual/visual exam (prohibited) does not include what can be seen by normal obs, eg mouth open for speech
• although restrained was not an internal search

Question 9

Case Law

Sneller v Police (2007) Obsrtuction, Internal Searchs.124 SSA2012/s.18A MODA1975

refuse/not obstruction

Answer 9

• S refused to spit something out of mouth
• struggle failed to overcome his resistance
• pepper sprayed, expelled pieces of chewed plastic wrap
• negative result for drugs Finding
• internal search requires persons consent
• forcing to open mouth was an internal search
• passive resistance not obstruction
• appeal allowed

Question 10

In relation to Hazardous Substances & New Organisms Act 1996,

What is the Interpretation of ‘Emergency?’

Clue: Ac Im Da/Da to En (2)

Answer 10

• Actual/immediate danger to human health or safety (or)
• A danger to environment/chattles…immediate action required to remove -arising from hazardous substance/new organism

Question 11

s.136 When can an enforcement officer declare an Emergency on Reasonable Grounds to believe:?

(5 points)

Clue Is Emer & Not CD, F, Bio -Not decl

Answer 11

• There is an emergency and either:
• not Civil Defence Emergency Management Act emergency
• not Fire Service Act
• not Biosecurity Act
• no other enforcement officer has declared

Question 12

s.136 What are s.136 Emergency Powers used for when declareing an emergency?

(4 points) E, R, Sta, Pr

Answer 12

• Enter premises/dwelling
• Remove cause
• Stabilise situation
• Protect health

Question 13

When declaring an emergency under s.136 HS&NOA1996, what are the officer’s statutory obligations?

(3 points)

ID - St Auth - Emrg/Area

Answer 13

• ID themselves
• State authority to excercise powers
• Announce nature of emergency and area affected

Question 14

s.2 Basic interpretation of Hazardous Substance:

Clue: F-Ex-ETox-Tox-Ox-Cor

Answer 14

Any substance with one or more intrinsic properties:

• Flammable
• Explosiveness
• Eco-Toxicity - with or without bioaccumunulation
• Toxicity
• Oxidise (capable)
• Corrosiveness
• which on contact with air or water (Temp/Pressure) generates a substance with one or more above properties.

Question 15

s.2A Meaning of term ‘New Organism’

Answer 15

• Species not present in NZ immediately before 29 July 1998:
• An organism, risk species, not present in NZ at the time of promulgation of the relevant regulation:
• An organism for which a containment approval has been given under this Act:
• ^{An organism for which a conditional release approval has been given}
• ^{A qualifying organism approved for release with controls:}
• ^{A genetically modified organism:}
• ^{Organism belonging to species, subspecies, infra-subspecies, variety, strain, or cultivar that has been eradicated from New Zealand}

Question 16

What are the main points of S.124 of the SSA2012?

Internal Searches generally prohibited (2)

Answer 16

• Unless authorised by another enactment an officer must not: conduct an internal search any part of the body except for, with consent, the mouth
• Constable cannot require anyone else to do an internal search

Question 17

What are the main points of S.20 of the SSA2012?-

Warrantless search of places & vehicles in relation to some MODA1975 offences

On RGB (4 points)

Answer 17

RG to believe

• Not practical to obtain warrant
• A controlled drug present
• Suspect in/on that place MODA offence committing/committed
• If entry not immediate then evidence CADD

Question 18

What are the main points of S.21 of the SSA2012? -

Warrantless search of people found in or on places or vehicles-

Clue: A constable conducting a s20 search, …………?…………?……….? search any person found in ………..? or ?……. (5 points)

Answer 18

• constable
• conducting S.20 search
• may without warrant
• search any person
• found in Place or vehicle

Question 19

What are the main points of S.22 of the SSA2012? -

Warrantless power to search for controlled drugs & precursor substances if offence suspected against MODA1975

Clue: (person only) (5 points)

Answer 19

• Reasonable Grounds to believe
• Possession controlled drug (shedules)
• Suspect MODA offence committing/committed etc
• Does not:- limit 20 or 21 authorise search of Place or vehicle
• No internal search except under provisions od s.23

Question 20

You may search a person (Drugs) without warrant if you have what? (4)

Answer 20

• Reasonable Grounds to Believe
• Person in possession of controlled drug/precursor ( as per shedules)
• You suspect MODA offence about to/committing/committed
• Unless impracticable, seek approval from sgt or above first

Question 21

What is an internal search? (4 points)

Answer 21

an internal search of:

• Any part of body with
• X-ray machine or similar device or
• A manual or visual exam (with/without device or instrument) of
• Any body orifice

Question 22

What is not an internal search? (3 places)

Answer 22

a search of:

• Mouth
• Nose
• Ears (includes with torch or instrument)
• But MUST NOT INSERT insert any instrument, device or thing into those orifices.

A visual examination in these circumstances is not an internal search and is permitted as part of a Rub-Down search

Question 23

What powers exist under s.137 HS&NOA1996 (Emergency Powers)

(9 points)

E, S, RPv, DiP, RPr, DPr ,SSi

Answer 23

• Enter premises/dwelling at any time Excercise powers (103/119)
• Stop any activity
• request preventative action be taken
• Direct persons to leave Refrain persons from entering
• Requistion property to assist
• Destroy property if necessary
• secure site (24hours) (advise occupier ASAP)

Question 24

When an emergency has been declared, when does it cease?

Can emergency be extended?

(5 points)

Answer 24

• 48 hours after declaration
• state of emergency declared by Civil Defence under Emergency Management Act 2002
• Fire Service Act 1975
• Biosecurity Act 1993 which ever happens sooner
• If none of the above and emergency still exists can declare one further 48 hour period.

Question 25

When can an internal search be required?

Clue: Can only permt a RMP to conduct an internal search under circumstances listed in s.23:

(3 points)

Answer 25

• Arrested for MODA offence
• RG2B
• property secreted within their body