Drugs - Warrantless powers. Flashcards
Section 19 (S/S Act) - Search of persons in relation to misuse of drugs act 1975 (search warrants)
A constable may search any person found in or on a place or vehicle that is specified in a search warrant (section 6) if the offence specified in the search warrant application was an offence under the misuse of drugs act.
Search power only exists if 3 conditions are met.
- A warrant has been issued under section 6 for an offence against Misuse of drugs act.
- The warrant is being executed by a constable
- That the person is found in or on the place or vehicle specified in the warrant.
Section 20 (S/S Act) Warrantless search of places and vehicles in relation to MUOD Act 1975
Unless impractical to do so, approval from a Sergeant or above should be obtained before exercising the power
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
Enter & 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) and suspect an offence has/is/will be committed in respect of that drug AND
c) believe that if entry is not carried out immediately, evidential material will be CADD
Section 21 (S/S Act) Warrantless search of persons found in or on places or vehicles
A constable conducting a search of a place or vehicle under sect 20 may without warrant search any person found in or on the place or vehicle
Section 22 (S/S Act) Warrantless power to search for controlled drugs and precursor substances if offence suspected under MUODA 1975 - Search of person in any place
A
A constable may search a person in any place 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
If a suspect fails to permit an internal exam and the court is satisfied the requirement to permit an internal exam was properly made on reasonable grounds, what may a court do
decline to consider the persons bail
order that the suspect continue to be detained until the earlier of the following occurs
~ expiry of 2 days after the day on which they were required to permit an internal exam
~ permit exam to be conducted
Section 23 - Internal search of person under arrest for offences against ( 6, or 7/ 11 of MUODA 1975)
What is an internal search?
Suspect must give voluntary consent.
A constable may require a person to permit a medical practitioner, nominated for the purpose by the constable, to conduct an internal examination of any part of the person’s body by means of—
(a)
an X-ray machine or other similar device; or
(b)
a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.
What is not a search?
A constable or AO or searcher may conduct a visual exam of mouth, nose, and ears but must not insert any instrument device or thing into any of those parts of the body. can be assisted by a device designed to illuminate or magnify.
A visual examination in these circumstances is not an internal search and is permitted as part of a rub down search (S87).
Circumstances requiring internal search
Person arrested for an offence against MUODA 1975
Section 6 - Dealing with controlled drugs
Section 7 - Possession and use of controlled drugs
Section 11 - theft etc of controlled drugs.
Must be conducted by a Medical practitioner and have suspects voluntarily consent.
AND there needs to be RGTB that the suspect has secreted within their body any property:
that may be evidence of the offence with which the person is charged; or
(ii)
the possession of which by the person constitutes any other offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975.
S/S Act section 81 - Search of persons/places/vehicles relating to deliveries under section 12 MUODA 1975
(1)
In the circumstances set out in subsection (2), a constable or a Customs officer may, during the course of a delivery in relation to which a Customs officer has exercised his or her powers under section 12 of the Misuse of Drugs Amendment Act 1978, do any or all of the following without a warrant:
(a)
search a person involved in a delivery under section 12 of the Misuse of Drugs Amendment Act 1978:
(b)
enter and search any place, craft, or vehicle:
(c)
seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2).
(2)
The circumstances are that the constable or the Customs officer has reasonable grounds to believe that the person is in possession of, or the place, craft, or vehicle contains, any 1 or more of the following:
(a)
a controlled drug:
(b)
a precursor substance:
(c)
a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or precursor substance:
(d)
evidential material in relation to the commission of an offence under section 6(1)(a) or 12AB of the Misuse of Drugs Act 1975.
S/S Section 124 - Internal searches generally prohibited.
Generally internal searches are not permitted unless under section 23 S/S Act. unless authorised by another enactment. With the persons consent searching the persons mouth.
In Hill v Attorney what are the two steps spoken about for believing on reasonable grounds that a controlled drug isin a house or vehicle?
There must be reasonable grounds for believing there is a controlled drug in the house or vehicle and that an offence is being comitted.
There are reasonable grounds for believing the drug is one of those specified. You must turn your mind to and know what drug you are looking for.
In Collins v Police, the officers observations of demeanour, appearance and “reasonable
grounds to believe” were questioned. What was the finding?
Evidence of demeanour and
appearance ALONE is unlikely to justify a search under the Search and Surveillance
Act provisions.
In RvT relating to an internal search where something was concealed in her mouth and she was placed face down on a bed, what was the finding?
It was ruled that it had not been an internal search.
The prohibition in the section is of a manual or visual examination of the interior of the mouth and does not prohibit the viewing of what can be seen by normal observation of the face, and when the mouth is open for speech.
Although the police had restrained the appellant (to prevent her swallowing) their conduct had not amounted to an internal examination.
In R v Roulston relates to an internal search where the appellant was strip-searched and placed a small package from his underwear into his mouth. What was the finding in this case?
An internal search was not completed as neither of the constables put their fingers or any instrument into the appellant’s mouth.
One of the officers’ concerns was fear for the appellant’s safety should he be permitted to swallow the package. In seeking to prevent him doing so they used no more force than reasonably necessary. this included blocking his nose, depressing his throat and placing force on his head.
This course is even more acceptable if the suspect has, by placing the drug in the mouth, placed their health or life at risk.
Clandestine Laboratory -
Unplanned entry procedures. What are you required to do in this situation? (7)
immediately REMOVE POI’s from the premises
ISOLATE the site and maintain a SAFETY perimeter
PRESERVE the crime scene
NOTIFY the duty inspector / 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 are addressed
seek MEDICAL advice if adverse effects occur
What is the aim of an unplanned entry into a clan lab?
The aim is to turn an unplanned entry into a planned response and investigation with appropriate structure and procedures
