Drugs Policy and Procedures Flashcards
Unplanned entry procedures - clan lab
Immediately remove persons of interest from building
Isolate the site and maintain a safety perimeter
Preserve the crime scene
Notify the duty NCO and NCLRT
Seek advice from NCLRT and fire re decontamination
Occupants and staff who have entered the address are to remain separated until decontamination issues have been addressed
Seek medical advice if adverse effects occur
What is the aim of unplanned entry to a clan lab?
The aim is to turn an unplanned entry into a planned response and investigation with appropriate structure and procedures
s20 S&S Act 2012
Enter and search a place or vehicle without warrant if RGTB it is not practicable to get a warrant and in or on the place/vehicle there is:
a) a controlled drug or precursor substance, and
b) suspect an offence has/is will be committed in respect of that drug, and
c) believe that if entry is not carried out immediately CADD will occur
s21 S&S Act 2012
A constable conducting a search of a place or vehicle under s21 may without warrant search any person in or on the place/vehicle
s22 S&S Act 2012
A constable may search a person if RGTB that the person is in possession of:
a) a controlled drug or precursor substance, and
b) suspects an offence has/is/will be committed in respect of that drug
Do you require approval from a supervisor for a s22 related drug search?
Yes - unless impractical to do so, approval from a sergeant or above should be obtained before exercising power
Does requesting a person to open their mouth constitute an internal search?
No, a constable or authorised officer may conduct a visual examination of the mouth, nose and ears but must not insert any thing or instrument into any of those orifices. This is permitted under s87.
What is an internal search?
An internal search is an examination of any part of a person’s body by means of:
x-ray machine or other similar device, or
A manual or visual examination through any body orifice (except mouth)
Collings v Police
Does evidence of a person’s demeanor and appearance (eg a person in a car with a wide-eyed gaze, dry swallowing, rubbing tongue) provide Police with reasonable grounds for belief under the act?
No
The High Court found that evidence of demeanor and appearance, whilst perhaps warranting strong grounds for suspicion and seemingly an actual belief in the consumption of the officers concerned did not provide Police with reasonable grounds for belief under the act
R v T
If a person attempts to swallow drugs, can Police use reasonable force (restrain the person and lay the person face first on a bed) to extract the drugs?
Yes, reasonable force can be used.
The Court of Appeal confirmed this does not amount to an unreasonable search, nor does it constitute an internal search
s124 S&S Act 2012, generally prohibits internal searches of a person except for what circumstances?
Searching the persons mouth with their consent or internal search under another enactment (s23 S&S act 2012)
Under the S&S Act 2012, when is the right to search for drugs without warrant?
When there is an objective belief that one of the specified drugs is present
What is the 2-step process in relation to reasonable grounds for belief for drugs searches?
1 - RGTB controlled drugs in the place, and an offence (involving that drug) has, is, will be committed
2 - RGTB that the drug is a specified drug
