Drugs

Question 1

Section 19 Search and surveillance act

Answer 1

Search of persons in relation to misuse of drugs act offence search warrants

The power to search arises when
-a search warrant has been issued under section 6 of the Act in respect of an offence against the misuse of drugs act 1975
-the warrant is being executed by a constable
- that the person is found in or on the place or vehicle specified in the warrant

Question 2

Section 20 S&S Act

Answer 2

Warrantless searches of places, and vehicles in relation to MODA

A Constable may enter a place or vehicle without a warrant if they have RGTB
- it is not practicable to obtain a warrant
- there’s is a controlled drug specified in schedule 1,2 or 3 of moda
-a precursor substance

To believe that in or on the vehicle or place an offence against MODA has been committed or is being committed in respect of that controlled drug or precursor substance

To believe that if entry and search not carried out immediately that evidential material will be CADD

Question 3

S21 S&S

Answer 3

Warrantless searches of people found in or on places or vehicles

A Constable conducting a search under section 20 May without a warrant search any person found in or on the place or vehicle

Question 4

S22 S&S

Answer 4

Warrantless power to search people when RGTB MODA offences

Suspect has been or is about to be or is being committed

Question 5

S23 S&S

Answer 5

Internal searches of persons arrested for offences against MODA

arrested for dealing or possession or theft of controlled drugs

RGTB has secreted evidence in relation to offence in a body orifice

Cannot be conducted unless prisoner consents

Must be done by medical practitioner

Cannot be done if prejudicial to suspects health

Question 6

S81 S&S act

Answer 6

Searches of vehicles, people and places in relation to delivers under s12 MODA

Question 7

S124 S&S

Answer 7

Internal searches generally prohibited