CH 3 -Drugs Flashcards Preview

S/Sgt CPK November 2017 > CH 3 -Drugs > Flashcards

Flashcards in CH 3 -Drugs Deck (25)
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1
Q

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

A
  • 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
2
Q

Case Law

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

A
  • 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
3
Q

Case Law

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

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

A
  • 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
4
Q

Case Law

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

Taxi/Sgt

A
  • 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)
5
Q

Case Law

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

Petrol station / memory card

A
  • 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
6
Q

Case Law

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

Manufacture/delay ex warrant

A

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
7
Q

Case Law

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

cell search/mouth/safety concern

A
  • 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)
8
Q

Case Law

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

internal search/looking inside

A
  • 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
9
Q

Case Law

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

refuse/not obstruction

A
  • 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
10
Q

In relation to Hazardous Substances & New Organisms Act 1996,

What is the Interpretation of ‘Emergency?’

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

A
  • 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
11
Q

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

A
  • 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
12
Q

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

(4 points) E, R, Sta, Pr

A
  • Enter premises/dwelling
  • Remove cause
  • Stabilise situation
  • Protect health
13
Q

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

(3 points)

ID - St Auth - Emrg/Area

A
  • ID themselves
  • State authority to excercise powers
  • Announce nature of emergency and area affected
14
Q

s.2 Basic interpretation of Hazardous Substance:

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

A

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.
15
Q

s.2A Meaning of term ‘New Organism’

A
  • 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
16
Q

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

Internal Searches generally prohibited (2)

A
  • 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
17
Q

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)

A

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
18
Q

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)

A
  • constable
  • conducting S.20 search
  • may without warrant
  • search any person
  • found in Place or vehicle
19
Q

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)

A
  • 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
20
Q

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

A
  • 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
21
Q

What is an internal search? (4 points)

A

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
22
Q

What is not an internal search? (3 places)

A

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

23
Q

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

(9 points)

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

A
  • 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)
24
Q

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

Can emergency be extended?

(5 points)

A
  • 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.
25
Q

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)

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