Chapter 3: Drugs, HSNO, Alcohol Flashcards
(45 cards)
MODA: What drugs are in Schedule 1? (4 egs)
Class A Controlled Drugs
- Lysergic acid - LSD
- methamphetamine
- Heroin
- mescaline
MODA: What drugs are in Part 1 of Schedule 2?
Class___?
(5 egs)
Class B controlled Drugs (COMMA)
- Cannabis preparations, oil, resin
- Opium
- MDMA
- Morphine
- Amphetamine
MODA: What drugs are in Part 1 Schedule 3?
Class C controlled Drugs
- Cannabis plant
- bzp
MODA: What drugs are in part 3 Schedule 4?
Precursors - Ephedrine and pseudo ephedrine
S&S Act 2012 - Drugs: Sn 20
Discuss warrantless search place/vehicle
- RGS on/in place/veh offence against MODA been/being/about to be committed in respect of drug, and
- RGB, not practical to obtain warrant, AND in the place or vehicle are: - Controlled drugs - S1, P1S2, P1S3, Precursor P3S4 and
- RGB if search not carried out immediately, evidential material will be CADD
- Enter / Search place / Vehicle without warrant
S&S Act 2012 - Drugs: Sn 21
What can you do if searching place/vehicle under Sn 20 in respect of people?
- If conducting search of place/veh under 20, can search person found in/on place or car.
S&S Act 2012 - Drugs: Sn 22
What can police do in respect of searching people for drugs without warrant?
SEARCH without warrant if…x2?
Search without warrant IF:
- RGS offence against MODA been/being/about to be committed in respect of drug, and
- RGB person in possession of Controlled drugs - S1, P1S2, P1S3, Precursor P3S4
S&S Act 2012 - Drugs: Sn 124 - Internal Searches of people.
What are the two rules: “MUST NOT…”
Unless authorised by another enactment (i.e. arrest for MODA),
1. officer must NOT conduct internal search of body except for, with consent, person’s mouth.
- Must not require another to conduct internal search.
What are the two sections in S&S where we can search people for drugs?
Sn21. Found in place/veh, may without warrant search person in or on (if already searching place/veh under Sn20).
Sn22. RGBelieve in pos’n controlled drug or precursor,
RGSuspect offence committed, search without warrant.
Before exercising any warrantless search for drugs, what should you do?
Obtain approval from sergeant, unless impractical in circ’s.
What is an internal search of body under Sn23?
When can Sn 23 be exercised?
Sn23. Internal examination of any part of body by:
- Xray machine
- Manual or visual examination (with instrument or device) thru any body orifice
Only authorise Reg Med Prac do so such search if arrested for particular MODA offence.
What is NOT deemed an internal search of body?
What can we use to help with this search?
What must we not do with the tools for such a search?
May conduct Visual Examination, whether or not with instrument/device.
- designed to illuminate (torch) or
- magnify (magnifying glass) of mouth, nose, ears
but must NOT insert instrument into orifice.
Sn87 - Permitted as part of rub down search (sn85)
Who may conduct internal search and WHEN can it be required?
Sn 23: Internal search by registered medical practitioner.
- Constable can require RMP to conduct internal exam
- relate to people K9 for offences against MODA and
- constable RGB person has property secreted within their body.
Case Law MODA and S&S: R v HOETE
Understand caselaw re. Reasonable Grounds for Belief for search of car and memory card. Sn20 S&S
(scroll)
111 call from petrol station attendant. Male in car at back of station, male Drug Hx, searched car and found Meth, precursors, camera memory card. Card examined, images of manufacture. Info led to Hoete’s (female) house as used for manufacture.
Warrantless search of car challenged. Reasonable grounds held - belief is objective for that cop - multiple factors.
Should have got warrant to search memory card, BUT won. Even tho improperly obtained, probative value outweighed prejudicial.
Case Law MODA & S&S: R v MERRETT
Discuss caselaw re. ticklist of known drug dealer and pre-cursors found 5 days later.
(Reasonable Grounds Belief)
(scroll)
MerreTT - Ts - Ticklist/Timing
M found in tick-list of known DD.
Police searched M’s home without warrant, 5 days later, found precursors, charged with manufacturing.
Argued cops didn’t have RGB he was person in ticklist, and, unreasonable to believe drugs still there 5 days later.
Argued that if he was a mere recipient for drug importer, then police should assume drugs would have been dealt with (cooked) as per instructions, and would be GONE, therefore no reasonable grounds to believe they would be still at premises.
BUT, police won, cos exclusion of evidence would be disproportionate to breach of right involved - appeal dismissed.
Case Law MODA & S&S: R v HILL
Discuss caselaw concerning the RGB TYPE of drugs searched for and why police lost this case.
(scroll)
HILL - Taxi up hill
Taxi owned by HILL stopped, searched without warrant for drugs. Sgt RGB drugs, didn’t know WHAT drugs.
Acting on information passed to him that drugs were in car cos others had seen transaction of white substance. Nothing to suggest he had RGB it was the correct schedule of drug.
RGB 2-step process:
- RGB controlled drug, AND
- RGB drug searching for is one specified
Sgt RBG drugs, but didn’t say he’d turned his mind to ‘what’ drugs in x-examination. be mindful of information prompting the search and specifically what ‘type’ of drug searching for… POLICE LOST
Case Law MODA and S&S: Police v COLLINS
Discuss re. demeanour, appearance and RGB.
What was held and why…?
COLLINS … ***
Seen driving with expired rego and ‘wide eyed gaze’.
Experienced cop noted signs of recent drug use - fidgety, nervous, slim, grey complexion, eyes wide and glazed.
Symptoms could also be of consumption of lawful drugs and could be nervous (cos of cops).
LOST - evidence of demeanour and appearance alone unlikely to justify search. ie. Not RGB
Case Law MODA & S&S: R v T
Discuss in relation to a female and what happened with respect to an “internal search” - put something inside her mouth.
What was held - x4points
scroll
T = in-Ternal search, ***
Woman in search warrant, something seen inside mouth. Restrained and told to spit out. Tried to swallow, laid on bed and told to spit out: glad wrapped morphine tablets.
Argued unreasonable search.
Police WON:
- Not internal search, can visual search mouth by normal viewing.
- Purpose of section is to prevent invasion of body contrary to dignity and privacy.
- Altho police had restrained her, conduct not amounted to internal exam.
- Common sense - actions following observation should not put person in physical danger.
Case Law MODA & S&S: R v ROULSTON
Discuss a strip search when male had package in his undies and transferred to his mouth.
What was held x4
(scroll)
S124 - Bill ROULSTON wearing y-front undies.
Strip searched, removing undies small package seen in crutch. Placed package in mouth and attempted to swallow. Struggle, force applied to head/neck to make him eject package.
Argued WON - Bill said actions amounted to internal search unreasonable breaching S21 BOR, cruel and degrading.
HELD
- No internal search as nothing inserted into orrifice.
- Attempt to seize from undies was stopped by appellant - putting in mouth was an attempt to invoke internal search.
- No more force used than necessary to prevent immediate harm (S41 prevent suicide or immediate/serious injury)
- Far fetched to say cruel and degrading
Case Law MODA & S&S: Police v SNELLER
Discuss caselaw re. male refusing to spit something out..
4 points to note.
SNELLER - ***
Refused to spit something out, lengthy struggle and sprayed and mouth forced open.
LOST
- Sneller Entitled to decline cops to see inside mouth.
- No ‘obstruction’ when passively declined to spit out.
- Sn124 requires “consent” to see in mouth.
- Forcing mouth open constitutes internal search, no power to internally search by force inside mouth.
Hazardous Substances and New Organisms Act (HSNO - HazNo) 1996
Section 2: What properties define a Hazardous Substances (x7)?
a) With properties: EFECCT
i. explosiveness
ii. flammability
iii. eco-toxicity
iv. corrosiveness
v. capacity to oxidise
vi. toxicity
b) which, on contact with air/water generates substance with above properties i-vi.
HSNO Act 1996
Section 2A:
What does ‘new organism’ mean x 7
a) ORGANISM belonging to species that was not present in NZ immediately before 29 July 1998.
b) organism belonging to species etc. not present in NZ at 1996
c) organism with containment approval
ca) organism with conditional release approval
cb) qualifying organism approved for release with controls
d) genetically modified organism
e) organism eradicated from NZ
HSNO Act 1996
Sn 135 - interpretation
What does Emergency mean? x3
What does Enforcement Officer mean? x2
Emergency
- actual or imminent danger to human health/safety
- danger to the environment or chattels so significant that immediate action required to remove danger -
…from a hazardous substance/new organism.
Enforcement Officer - constable, chief fire officer, person exercising powers of CFO.
HSNO Act 1996, Sn 136
What does an enforcement officer have to believe in the declaration of an emergency before they can act?
“believes WHAT and no emergency declared under… WHAT?” x4
Enforcement officer RGB emergency and either:
- No state of emergency declared by Civil Defence
- Emergency not being dealt with under Fire Service Act
- No emergency declared under Biosecurity Act
- No enforcement officer declared emergency under HSNO Act
