The police also have the right to use reasonable force if you try to escape or become violent. They also have the right to arrest you, they can handcuff you and they have the right to search you while you’re arrested.…
In 1970 the Controlled Substances Act (CSA) was put into place by the Congress of the United States Government. This Act, Title II of the Comprehensive Drug Abuse Prevention and Control Act, is the federal U.S. drug policy which regulates the possession, use, manufacturing and importation of certain controlled substances. The substances controlled under this act fall under various classifications. These classifications are known as schedules. The legislation created 5 schedules with different qualifications for a substance to be included in each. Schedule I includes some of the drugs that are viewed as seriously threatening while schedule V includes drugs that are viewed as not as threatening. A Schedule I drug must fall under one of the following categories.…
Searches without Warrants 1. Lawful Arrest Search Incident The lawful arrest search incident is not restrictive to the issuance of a warrant. This means that if a person gets lawfully arrested, then the police have every right to search the person’s surrounding which is reach of the police.…
The three statutory rights of arrest are preventative, breach of peace and public order. I don’t think a person should be arrested to stop them doing something as they have not committed a crime so the police should not have the right to arrest someone who has not yet committed a crime. However, breach of peace and public order are effective as it is arresting a person who is a danger to society as they have caused harm/fear to a victim.…
Stop and Search Powers summary The police often stop and search people which are suspected to have stolen or prohibited articles in possession. The power to do this comes from the Police and Criminal Evidence Act 1984 which indicated “a constable may search a person or vehicle in public for stolen or prohibited articles” (Elliott and Quinn, 2011, 374). The police must follow a procedure when they are to stop and search a suspect. First of all they cannot stop and search at random; they must have reasonable grounds for the search. Before the search they must then identify themselves and the station they are based at as well as the grounds for the search. If the police officers do not do this the defendant can appeal on the basis that the search was unlawful as highlighted in the case R v Bristol where the search carried out under of the Misuse of Drugs Act 1971 was unlawful given that it had not complied with the requirements under of the Police and Criminal Evidence Act 1984. It followed that the defendant was not guilty of intentionally obstructing a search under the 1971 Act” (All England reporter, 2007)…
Protection from unreasonable searches and seizures requires police, if they have time to obtain a valid search warrant, issued by a magistrate after the police indicate under oath that they have probable cause to justify its issuance. Magistrates must perform this function in a neutral and detached manner and not serve merely as rubber stamps for the police. The warrant must specify the place to be searched and the things to be seizes. General search…
This act also created the first class of prescription drugs in 1919 (Spillane). These records of the sale of cocaine and opiates in turn helped make them illegal in the future. In 1937 a similar law was enacted on marijuana called the Marijuana Tax Act which made recreational use of marijuana illegal (Griffin). These acts were more focused on gaining revenue and keeping track of sales rather than controlling the substance. The first act to do so was the Controlled Substances Act of 1970. This Act was a part of the Controlled Drug Abuse and Prevention Act. The overall purpose of this Act was to regulate the use of licit and illicit substances and to apply U.S. requirements to the Single Convention on Narcotic Drugs in 1961 and eventually to the Convention of Psychotropic Drugs of 1971. Due to this the U.S. had to have a list of requirements and restrictions to ensure that drugs are only used for medical or scientific purposes (Sabet 2012). The Controlled Substance Act (CSA) gave authority to the federal government to control narcotics and it created an outline for drugs to be controlled depending on their abuse potential,…
2001, 119. The History of Drug Laws. 2006. The Schaffer Library of Drug Policy. 18 March 2006…
The police have their own ideological perceptions of what defines a 'typical' criminal just like every other individual but this does not give them the power to stop and search on this basis alone. Section 3 of PACE specifies that if a constable has reasonable grounds of suspecting, a police officer may stop and search a person. (Home Office, Police and Criminal Evidence Act 1984: Code A, 2:1). Nonetheless, this can be perceived in many different ways as to what is a 'reasonable' suspicion to stop and search an individual, therefore this statement remains unclear and is purely based on a…
The balance of powers used by police in protecting the rights of victims, suspects and society has partially been achieved in the criminal investigation process. As stated in the legislation, the Crimes Act 1914 (Cth) authorises police officers to use ‘such force as is reasonable and necessary in the circumstances’. This reinforces that the police powers should not be misused.…
Police powers have significantly increased since 2002 and as such raises the issue of the inequality between the rights of the individual and the protection of the community by ensuring criminal laws are observed. Police and granted powers, evident in those under the Law Enforcement (Powers and Responsibilities) Act 2002, to detain suspects, search and seize property through appropriate legal means, and use of reasonable force. Whilst police powers are effective in protecting the safety of society, tensions arise between police powers, with their potential for misuse, and the rights of community and the…
4. The power to stop and detain a person for the purposes of a search if the police have reasonable grounds to suspect that the person is carrying illegal articles (such as drugs) on their person or in their vehicle.…
The police have the right to search only if they have a warrant. They can apply for a search warrant. It commonly has to be for an indictable offence, a firearms offence, child pornography or that something has been stolen. The warrant must be signed by a judge for them to start searching others. The legislation Terrorism Legislation Amendment (Warrants) Act 2005 has allowed secret searches in relation to terrorism offences; this legislation has given police even greater powers. The media article ‘Police to…
police are allowed to use so called " stop and frisk " searches, so long as they have reasonable…
59 PREFACE This Third Edition is an extensive revision and updatin of the two earlier versions. New materiakinc~udes information on drugs such as Ice, Ecstasy and Buprenorphine ITem esic81 which have attracted attention or w f i c h have been extensively abused in recent times. Coverage has been extended to topics such as the use of drugs in sport and in the workplace, issues which are of increasing concern both nationally and internationally. The aim of each of the editions of this book has been to provide in a non-technical wa back round information on legal, medicat socia and historical facts about drugs used for non-medical purposes in Ireland. It is not intended to be a definitive study of problem drug-taking in Ireland. There are several reasons why this cannot be a definitive study. Firstlg much of the information i s not availa le, particularly about illegal drug use , sim ly because by its illicit nature it is a h i den activity . Secondly, the drug scene i s constantly c h a n g ~ n, reflecting fashion and the availabifity o f different drugs at any particular time, and these changes are often unpredictable. Thirdly, drug problems are believed to develop from a complex interplay of individual human beings, the drug or drugs they take and the social and political environment in which the dru taking occurs and this publication largey; concentrates on the ways in which the drugs themselves contribute to the development of drug problems. As was the case with the earlier editions, I am indebted to many individuals and groups who generously shared information with me. These include or~anisations diverse as as the International Co fee…