❓ The parliamentary question seeks clarification on the legal limitations and conditions surrounding police searches of vehicles for illicit drugs, including the use of drug detection dogs. The answer cites relevant legislation outlining police powers and limitations.
AnsweredQoN 3230Legislative Assembly
QuestionView source ↗
(1) What are the current limitations or conditions on police being able to search vehicles for the presence of illicit drugs? (2) What are the current limitations or conditions on the use of drug detection dogs being allowed to enter vehicles to detect illicit drugs?
AnswerView source ↗
Answered
17 February 2015
Responded by
Minister for Police
Response time
83 days
(1)
Section 23 of the
Misuse of Drugs Act 1981
(MDA) and section 39 of the
Criminal Investigation Act 2006
(CIA) provide police with the power to search vehicles for the presence of drugs.
(2)
Inherently within section 23 of the MDA, there is a power for a police officer to use such force as is reasonably necessary and such assistance as the officer considers necessary. It is this power that WA Police rely on for the use of drug detection dogs.
Under the CIA, section 15 also provides an officer with the power to use assistance of others in order to exercise a power. Section 17 of the CIA specifically provides an officer with power to use animals in the exercise of any powers under the CIA, provided:
· the animal has been trained for the purpose for which it is used;
· use of the animal is reasonably necessary in the circumstances; and
· the officer takes all reasonable measures to ensure that animal does not injure any person or damage any property.
Section 23 of the
Misuse of Drugs Act 1981
(MDA) and section 39 of the
Criminal Investigation Act 2006
(CIA) provide police with the power to search vehicles for the presence of drugs.
(2)
Inherently within section 23 of the MDA, there is a power for a police officer to use such force as is reasonably necessary and such assistance as the officer considers necessary. It is this power that WA Police rely on for the use of drug detection dogs.
Under the CIA, section 15 also provides an officer with the power to use assistance of others in order to exercise a power. Section 17 of the CIA specifically provides an officer with power to use animals in the exercise of any powers under the CIA, provided:
· the animal has been trained for the purpose for which it is used;
· use of the animal is reasonably necessary in the circumstances; and
· the officer takes all reasonable measures to ensure that animal does not injure any person or damage any property.
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