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Search and Surveillance Act 2012

Police powers - Police powers in relation to Misuse of Drugs Act 1975 offences

23: Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975

You could also call this:

"Police can ask a doctor to check inside your body if they think you've hidden something related to a drug offence"

If you are under arrest for a drug offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975, a police officer can ask you to let a doctor check inside your body. The police officer must think you have hidden something inside your body that could be evidence of the crime you are accused of, or that having it is against the law. The doctor can use an X-ray machine or do a manual check.

The doctor will only do the check if they think it is safe for you. If the doctor thinks the check might hurt you, or if you do not want the check, they will not do it. This rule does not change other laws, like sections 13A to 13M of the Misuse of Drugs Amendment Act 1978. You should be aware that the police officer's decision is based on their reasonable grounds to believe you have hidden something. The check can be done to find evidence of the crime or to see if you have something you should not have.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136658.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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22: Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975, or

"Police can search you without a warrant if they think you have illegal drugs and suspect a crime."

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24: Effect of not permitting internal search under section 23 on bail application, or

"What happens if you don't let a doctor do an internal search when you're asking to be released on bail?"

Part 2Police powers
Police powers in relation to Misuse of Drugs Act 1975 offences

23Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975

  1. In the circumstances set out in subsection (2), 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—

  2. an X-ray machine or other similar device; or
    1. a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.

      1. The circumstances are that—

      2. the person is under arrest for an offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975; and
        1. the constable has reasonable grounds to believe that the person has secreted within his or her body any property—
          1. that may be evidence of the offence with which the person is charged; or
            1. the possession of which by the person constitutes any other offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975.

            2. A medical practitioner must not conduct an internal examination if he or she—

            3. considers that to do so may be prejudicial to the person's health; or
              1. is satisfied that the person is not prepared to permit an internal examination to be conducted.

                1. This section does not limit or affect sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.