Drugs, MH And Alcohol Flashcards
(26 cards)
Unplanned entry to clan lab
Do not touch, move, handle, disconnect, deactivate or operate anything Immediately remove persons of interest Isolate site and maintain safety perimeter Preserve Notify duty inspector Seek advice from NCLRT or fire service Seperate persons possibly contaminated Medical advise if adverse effects
S&S 20
Warrantless search of places and vehicles in relation to some misuse drugs act offences
Enter and search
Reasonable grounds
Believe not practicable to obtain warrant and that in place or vehicle there is
Controlled drugs from schedule 1
Controlled drug from schedule 2 part 1
Controlled drug from schedule 3 part 1
Precursor substance from schedule 4 part 1
And
Suspect that in place or vehicle offence against misuse act has or is being committed in respect or controlled drug or substance
And
Believe if entry and search not immediate, EM will be CADD
S&S 21
Warrantless searches of people found in or on places or vehicles
When searching under 20, may search any person found in or on
S&S 22
Warrantless power to search for controlled drugs and precursor substances if offence suspected against misuse drugs act
May search person
Reasonable grounds
To believe that person is in possession of section 20 outlined controlled drugs or precursor
And
Suspect offence against misuse act had, is it about to be committed in respect of that drug or precursor
S&S 124
Unless under another enactment
Must not conduct an internal search
Unless mouth only with consent
Must not require any other person to conduct internal search except as provided in section 23 which relates to internal search in some circumstances if under arrest
Internal search
Internal exam of any part of body by means of X-ray or similar, manual or visual exam through any body orifice
Not an internal
Visual exam of mouse, nose and ears but must not insert any instrument, device or thing in
Permitted as part of run down search under 87
Hill v attorney general 1999
Reasonable grounds for belief
Vehicle stop, old power under 18(2) now s&s 20, used
Reasonable grounds for belief has two step process
First that have reasonable grounds to believe a controlled substance in house or vehicle in respect of an offence
Second, that there are reasons grounds to believe the drug involved is one of those specified
Collins v police 2007
Demeanour, appearance and reasonable grounds to believe
Use 18(2), now 20, when completed vehicle stop in Auckland
Appearance of being under influence of meth not sufficient to justify a search under search and surveillance.
R v T 1996
Internal search - now 124, formerly 18A
SW and female seen with something concealed in mouth. Restrained and told to spit out but refused so was laid face first in bed. Eventually spat out and contained morphine sulphate tabs
Appealed on ground of unreasonable search
Found that police conduct did not amount to an internal examination
R v Roulston 1998
Internal search
Being strip searched. Package seen in underwear which defendant then put in mouth. Force used to restrain and close nostrils and throat to stop from swallowing. Package was ejected.
In balance of probabilities, court found nothing entered mouth and primary purpose of officers was to induce ejection of package.
Mouth now holds lower degree sanctity as other more private body parts. Even more acceptable if person is risking health or life
Sneller v police 2007
Obstruction, internal search
Defendant refused to spit out something in his mouth when requested. Turned into lengthy struggle. Convicted of wilfully obstructing a constable acting in the execution of powers under misuse drugs act
Judge allowed appeal as persons consent needed for internal search. As per r v tupara, forcing a mouth to permit inspection requires consent and is an internal search.
Passive resistance rather than obstruction in this case
Mentally disorders definition
An abnormal state of mind (continuous or intermittent) characterised by delusions or disorders of mood or perception or volition or cognition of such a degree that:
Poses a serious danger to the health or safety of that person or others
Seriously diminishes the capacity of that person to take care of himself or herself
MH section 38
Assistance when person may need assessment
If believe suffering from mental disorder may request DAO
They just investigate to satisfy them self
- concern is genuine and
- reasonable grounds to believe may be suffering mental disorder
Decide on reasonable grounds whether need urgent med exam or not
If not urgent, can arrange for practitioner to examine
If urgent, try get med practitioner to come examine
All of the above around 8B(4)(b) certificate being issued. Not needed if person subject to one within 72hours before
MH section 41
Police assistance
DAO May call for assistance if doing anything under 38(4)(b) or (d) or 40(2)
Constable may enter and must produce ID if not in uniform
Under (b) can detain for the shorter of 6hours and the time it takes to do med exam
Under (d) take person to place for med exam and detain for the shorter of 6hours and time taken for exam
Under (2) take person to place they are required to attend and detain for the shorter of 6 hours and time taken to conduct any of the exam which were being refused
Can take back to the hospital under (2)(b)
Must not exercise the power under (2) without warrant if it would be reasonably practicable to obtain a warrant
MH 109
Police may apprehend person appearing to be mentally disordered in public place
Take to police station, hospital or surgery or some other appropriate place
Arrange for med practitioner to exam ASAP
To be released if they do not deem them mentally disordered
Look at 8B(4)(b) certificate if deem need exam
Arrest provisions
Section 30 crimes act
Protects from criminal responsibility if arrest wrong person in good faith and in reasonable and probable grounds
Section 31
Confers all star powers of arrest without warrant on all constables
Section 34
Confers the power to assist a constable in an arrest on anyone asked to do so
S&S to be considered when mentally disordered on private property
Implied licence like the public to enter but must leave if requested if no lawful justification to remain
8- could use if believe offence committed. Can only enter if think will leave to avoid arrest or CADD
7- if suspect unlawfully at large- such as inpatient order and absent without leave
14- enter if suspect risk to life or safety or if suspect may stop or prevent offence being committed that may injure someone, damage etc
18- reasonable grounds to believe suspect may have firearms but by reason of a mental condition incapable of proper control
Sale and supply alcohol- section 266
Closure of licensed premise by police, one of five following:
- riot taking place or likely too
- fighting or serious disorder taking place or likely to break out
- significant threat to public health or safety
- conduct amounts to substantial public nuisance
- reasonable grounds to believe offence committed on site carrying 5yr+ and there is a significant risk of further
Can order immediate closure, time stated to end no later than 24hrs from end of the day on which issued
Offence to stay open, fine up to $10k and suspension for up to 7 days
Must be authorised by substantive sgt or above
May use reasonable force
Riot definition
Group of 6 or more persons who, acting together, are using violence against persons or property to the alarm of persons in the neighbourhood
267 sale and supply of alcohol
Statutory power of entry
May enter and inspect at any time when has reasonable grounds to believe offence against act being committed
Up to $2000 if fail or refuses to admit police
Considerations when closing licenced premises under 266
Order can prohibit sale of alcohol or order any person to leave premises
Impact of closure on the licensee
Disgruntled patron effect and likelihood disorder in locality
Account for weight of revise from supporting closure, previous interactions with police, likelihood of escalating violence, duration of closure
Duration:
When order likely to be retired
Closure sufficient to address public nuisance concerns
Impact on licensee
Local government act section 169
Powers of arrest, search, and seizure in relation to alcohol bans
Where alcohol ban in force
May search a container in possession of person who is in, entering a restricted place or
A vehicle
Seize and remove any alcohol and its container
Arrest person found committing an offence
Arrest if refuses to comply with request to leave or surrender alcohol
Conditions before executing search under 162(2)(a)
Section 170 local government act
Inform they have opportunity to remove the container or vehicle from the public place and
Give reasonable opportunity for them to do this
On specified dates or in relation to specific events, this search however can be immediate. Should have been 14days notice and one or more clear signs
Alcohol definition
Is or contains a fermented, distilled or spirituous liquor, and at 29•c is found on analysis to contain 1.15% more ethanol by volume or
Frozen liquid or a mixture and is alcohol as per above when completely thawed at 20degrees
Whatever it’s form, found to contain 1.15% of ethanol or more
