When can Australian police undertake a cavity search?

[ladder]

Yeah... your, and Ladder's, comments are an excellent example of what I'm talking about. I was talking about the Indian press reaction to "national affronts". Getting upset, and trying to upset your upsetters (apologies for the poor English) is what four-year olds do.

When that kind of behaviour gets associated with your nation/ ethnicity/ religion you start to lose credibility or become a caricature/ joke.

In my opinion all Arab nations, Russia and Muslims and in the particular the media/ public opinion associated with those groups are pretty stupid and it would seem India is moving in a similar direction.

"Shirt fronting" is an Australian expression, and Abbott's comment was directed at the Australian electorate. As I'm sure you understand, the most important part of Abbott's job is to get himself re-elected. Everything else, to him, is on the B-List of importance. Can't speak for the western media, but remember a lot of cartoons, in the Australian press, about Putin when he came to Australia. Russia (or whoever, to be diplomatic) had just murdered 27 Australians on MH 17. Your example is too ridiculous to for me to even attempt to discuss.



You think Australian police don't have the permission to conduct cavity searches, but you're surprised about my lack of understanding of Indian police practises?

Australia has 7 (debatedly more) police services and they all have different powers. Australian Customs aren't police (but they have scary powers). Australian Federal Police and State Police would also be at international airports. But, I'm replying to ladder so there's no need for me to write a coherent e-mail

Listen rotten @apple, puke worthy that you are, you are an excellent example what ignorance is. There was another idiot, I forgot his moniker, who could match you in your idiocy here in this forum, was not-surprisingly another [censored].

All those blah......blah.....blah apart. The point that was directed at me, let me respond.

Don't answer like a ignorant [censored] (well they have scary power). Post the statute which says police can cavity search. Include any of the 7 or more (which you are confused about) police services. Put out the statute.

I never said Australian customs are Police, but police sometimes do get duty alongside/ in place of customs at check points. When they do they get addl. powers to do their duty smoothly. That is when they can cavity search if written permission is available.

And the definition of cavity search, is different from US to UK ( which more or less India and Aus both follow). But, I am not here to educate idiots.

I have always said you have reading comprehension problems and it's getting worse.

I said 'I think' because, unless I read your laws/statutes clearly including those your likes calls 'exceptions' I can't be 100% sure.

But, [censored] idiot were replying to a post which had already cleared that to you, still you demonstrated your famous brain capacity.

Don't believe you, and for the sake of your own safety don't wont to believe you, that police can't conduct cavity searches in India.

Ps, Advice, to your PM, if in future he wants to make idiotic comments for which he doesn't want himself to be ridiculed over, he should tell that in the ears ( or any other orifice that Australians use for hearing) of his constituents and not openly. For if we hear it, we will ridicule it.

 

[ladder]

Re: Totalitarian Rule in America - The Other Side of American (Wet) Dr

Let's start with NSW police.

New South Wales Police do not have the power to conduct a body cavity search against the will of the person in custody.

New South Wales and Commonwealth Police have the power to conduct body cavity searches under the Customs Act, when they are assisting in the investigation of drug importation at a custom's barrier.

If a detention officer or police officer suspects on reasonable grounds that a detained person is internally concealing a suspicious substance then the person can be internally searched if they provide written consent

https://www.aussielegal.com.au/articles/960/NSW/Criminal_Law/Police_Searches



=======

Ignorance is a bitch which has bitten you.

 

[ladder]

Re: Totalitarian Rule in America - The Other Side of American (Wet) Dr

Now Queensland Police

SEARCH AND SEIZURE UNDER THE DRUGS MISUSE ACT 1986 (QLD)

Body Cavity Searches without a Search Warrant

A police officer of the rank of inspector or higher who suspects that a person has a dangerous drug hidden within a body cavity, has the power to require that person to submit to a body cavity search.

The search must be conducted by a person of the same sex as the person being searched, or a nominated medical practitioner and assistant. The search may be conducted using such force as is reasonably necessary. A machine, instrument or device may be used for the purpose of the search.

https://www.aussielegal.com.au/articles/819/QLD/Criminal_Law/Police_Searches

=========

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 517
517 Help with, and use of force for, performing forensic procedure
(1) This section applies if a qualified person may perform a forensic procedure on a person.

(2) The qualified person may ask another person to give reasonably necessary help.

(3) If the forensic procedure is an intimate forensic procedure, the person asked to help must be—

(a) a person of the same sex as the person who is to undergo the procedure; or

(b) another doctor, dentist or forensic nurse examiner;

unless a person mentioned in paragraph (a) or (b) can not reasonably be called on.

(4) It is lawful for the qualified person and the person helping to use reasonably necessary force for performing the procedure.

http://www.austlii.edu.au/cgi-bin/s...65/s517.html?stem=0&synonyms=0&query=intimate

272 Who are qualified persons 7
`(1) This section states who are "qualified persons" to perform forensic 8
procedures. 9
`(2) A doctor or dentist is a qualified person to perform an intimate 10
forensic procedure and a non-intimate forensic procedure. 11
`(3) A DNA sampler is a qualified person for taking a DNA sample. 12
`(4) An authorised examiner is a qualified person to perform a 13
non-intimate forensic procedure that is a non-medical examination. 14
`(5) A police officer is a qualified person for taking identifying 15
particulars. 16
`(6) Without limiting subsections (2) to (5), a person who is specifically 17
authorised under this chapter to perform a procedure that is a forensic 18
procedure is a qualified person to perform the forensic procedure. 19
`(7) If a qualified person may take a person's identifying particulars 20
under this chapter, the qualified person may also photograph the person's 21
identifying particulars.

http://www.austlii.edu.au/cgi-bin/s...ab2003650.html?stem=0&synonyms=0&query=cavity

 

[ladder]

Re: Totalitarian Rule in America - The Other Side of American (Wet) Dr

Now, Victoria.

Internal body search

This means searching inside your body. An internal body search is a forensic procedure.

If you agree to it, only a doctor can do the search. The doctor must be the same sex as you.

You do not have to agree to an internal body search. The police must get a court order to do the search if you refuse.

Get legal advice as soon as possible if you are not happy with how the search was done.

Getting searched | Victoria Legal Aid

 

[ladder]

Re: Totalitarian Rule in America - The Other Side of American (Wet) Dr

Tasmania

There are also powers of personal search under MODA section 30, which can mean a cavity search. If a police officer reasonably suspects the presence of controlled substances in a person's rectum or vagina, they must have a magistrate's order allowing a medical practitioner to search the person's body cavity or cavities. Strip searches can be performed if the necessary standard of reasonable belief has been reached

Search and Seizure Without a Warrant | Hobart Community Legal Service

(c) if the inspector or police officer suspects on reasonable grounds that a raw narcotic, narcotic substance, prohibited substance, section 36 substance, or prohibited plant may be present in the cavities of that person's body and wishes to determine the presence or absence of the narcotic, substance, or plant in those cavities , he shall cause that person to be brought before a magistrate;

(d) on a person being brought before a magistrate in accordance with paragraph (c), the magistrate shall either –


(i) make an order in writing that the cavities of that person's body which are specified in that order shall be searched by a specified medical practitioner; or

(ii) refuse to make such an order;

http://www.austlii.edu.au/cgi-bin/s...1121/s90c.html?stem=0&synonyms=0&query=cavity

 

[ladder]

Re: Totalitarian Rule in America - The Other Side of American (Wet) Dr

Western Australia

CRIMINAL INVESTIGATION ACT 2006 - SECT 94

94 . Forensic procedure, when it may be done

(1) If under section 91 a suspect who is an adult is requested to consent to undergoing a forensic procedure and is informed under that section and he or she consents to undergoing the procedure, then the procedure may be done on him or her.


(2) If under section 92 a person is requested to consent to a forensic procedure being done on a suspect who is a protected person and the person is informed under that section, then the procedure may be done on him or her if —


(a) in
the case of a child who has reached 10 years of age —

(i) the child consents to undergoing the forensic procedure; and


(ii) the responsible person consents to the child undergoing the procedure;


(b) in the case of a child under 10 years of age or an incapable person — the responsible person consents to the protected person undergoing the procedure.


(3) If, in the case of a suspect who is an adult —


(a) the suspect, having been —


(i) requested under section 91 to consent to undergoing a forensic procedure; and


(ii) informed under that section,


does not consent or withdraws consent; or


(b) for any reason the suspect is not requested under section 91 to consent to undergoing a forensic procedure,


the procedure may only be done on the suspect if —


(c) in the case of a non-intimate forensic procedure — approval for it is given under section 98; or


(d) in the case of an intimate forensic procedure or an internal forensic procedure — a JP issues an FP warrant (suspect) that authorises it.


(4) If, in the case of a suspect who is a protected person —


(a) a person, having been —


(i) requested under section 92 to consent to a forensic procedure being done on the suspect; and


(ii) informed under that section,


does not consent or withdraws consent; or


(b) for any reason a person is not requested under section 92 to consent to a forensic procedure being done on the suspect,


the procedure may only be done on the suspect if a magistrate issues an FP warrant (suspect) that authorises it.

http://www.austlii.edu.au/cgi-bin/s...243/s94.html?stem=0&synonyms=0&query=internal

A person who does an intimate forensic procedure or an internal forensic procedure on a person must be of the same gender as that person unless the person who does it is —


(a) a doctor or nurse; or


(b) if the intimate forensic procedure being done on that person is the taking of a sample of that person's blood — a doctor, nurse or qualified person.

http://www.austlii.edu.au/cgi-bin/s...ml?stem=0&synonyms=0&query=cavity or intimate

83 . Request to adult to undergo forensic procedure

(1) In this section —


involved person means an involved person who is an adult.


(2) If an officer reasonably suspects —


(a) that an offence has been committed; and


(b) that it is necessary to do a forensic procedure for a purpose permitted by section 77 on an involved person in connection with the offence,


the officer may request the person to consent to undergoing a non-intimate forensic procedure, an intimate forensic procedure or an internal forensic procedure, as the case requires.

http://www.austlii.edu.au/cgi-bin/s...243/s83.html?stem=0&synonyms=0&query=internal

 

[ladder]

Re: Totalitarian Rule in America - The Other Side of American (Wet) Dr

Now Northern Territory

If a member of the Police Force has a reasonable suspicion that a person has swallowed a dangerous drug, or may be concealing a dangerous drug on or in his or her person, the member may apply to a judge of the Supreme Court for an order under subsection (2).

MISUSE OF DRUGS ACT - SECT 35A Detention for purpose of performing search of body cavities etc.

POLICE ADMINISTRATION ACT - SECT 145
Intimate procedures
(1) A member of the Police Force may arrange for a medical practitioner or registered dentist to carry out an intimate procedure on a person in lawful custody on a charge of an offence if the member believes on reasonable grounds that the procedure may provide evidence relating to the offence or any other offence punishable by imprisonment.

(2) The intimate procedure may be carried out if:

(a) the person consents in writing to it being carried out; or

(b) a magistrate approves it being carried out.

(3) The member of the Police Force may apply to a magistrate for the approval:

(a) in person; or

(b) if that is not practicable – by telephone.

http://www.austlii.edu.au/cgi-bin/s...27/s145.html?stem=0&synonyms=0&query=intimate

 

[ladder]

Re: Totalitarian Rule in America - The Other Side of American (Wet) Dr

South Australia

the search may only be carried out by a police officer or a medical practitioner or registered nurse acting at the request of a police officer, but an intrusive search may only be carried out by such a medical practitioner or registered nurse;

SUMMARY OFFENCES ACT 1953 - SECT 81

CRIMINAL LAW (FORENSIC PROCEDURES) REGULATIONS 2007 - REG 5

5—Persons qualified to carry out forensic procedures


(1) For the purposes of section 24(1)(b) and 55(5) of the Act—


(a) a person who is a registered nurse is qualified to carry out a forensic procedure of any type except the taking of a dental impression; and


(b) a police officer or a person authorised by the Commissioner of Police is qualified to carry out a forensic procedure (other than an intrusive forensic procedure) consisting of—


(i) the taking of prints of the hands, fingers, feet or toes; or


(ii) an examination of a part of a person's body; and


(c) a person who has satisfactorily completed a course of training approved for the purpose by the Minister is qualified to carry out a forensic procedure (other than an intrusive forensic procedure) consisting of 1 or more of the following:


(i) the taking of a sample of hair from a person's body;


(ii) the taking of a sample of fingernail or toenail, or material from under a fingernail or toenail;


(iii) the taking of a sample of biological or other material from an external part of the body;


(iv) the taking of a sample by buccal swab;


(v) the taking of a sample of blood by finger-prick for the purpose of obtaining a DNA profile;


(vi) the taking of an impression or cast of a wound.


(2) A forensic procedure consisting of the taking of a sample of blood by finger-prick for the purpose of obtaining a DNA profile should only be carried out by a person in accordance with subregulation (1)(c)(v) if it is not appropriate, in the circumstances, to take a sample by buccal swab for the purpose of obtaining the DNA profile.

http://www.austlii.edu.au/cgi-bin/s...429/s5.html?stem=0&synonyms=0&query=intrusive

 

[ladder]

Re: Totalitarian Rule in America - The Other Side of American (Wet) Dr

Australian Capital Territory

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 66
Intimate forensic procedures authorised to be carried out
A person is authorised to carry out an intimate forensic procedure to which this part applies on a serious offender (other than a child or incapable person)—

(a) with the informed consent of the serious offender; or

(b) by order of a court under section 77 (Court order for carrying out forensic procedure on serious offender).

http://www.austlii.edu.au/cgi-bin/s...277/s66.html?stem=0&synonyms=0&query=intimate

CORRECTIONS MANAGEMENT ACT 2007 - SECT 120
Body searches—rules about touching detainee
The doctor conducting the body search of a detainee, and the nurse present at the search, may, for the search, touch the detainee and examine the detainee's orifices and cavities , but only if the doctor or nurse is of the same sex as the detainee.

CORRECTIONS MANAGEMENT ACT 2007 - SECT 120 Body searches—rules about touching detainee

 

[ladder]

Re: Totalitarian Rule in America - The Other Side of American (Wet) Dr

Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 23XWD
Intimate forensic procedures authorised to be carried out on serious offenders
A person is authorised to carry out an intimate forensic procedure to which this Division applies on a person (other than a child or incapable person) who is a serious offender:

(a) with the informed consent of the serious offender; or

(b) by order of a judge or magistrate under section 23XWO.

CRIMES ACT 1914 - SECT 23XWD Intimate forensic procedures authorised to be carried out on serious offenders

 

[ladder]

Re: Totalitarian Rule in America - The Other Side of American (Wet) Dr

So, rotten @apple, what have you to say now. @Ray Sir, @pmaitra, I have provided the statutes, except for Queensland police, where a officer above the rank of Inspector under 'reasonable' suspicion of you carrying drugs can ask under certain limited condition, only a medical person to do the search, no other police dept . in Australia can do so without a. medical officer b. court order or c. written authorisation from detainee.

So, what reply has to be given to such ignorant idiots who aren't even aware of their own laws. And write such things after being told about the procedures in India

Don't believe you, and for the sake of your own safety don't wont to believe you, that police can't conduct cavity searches in India.

And

You think Australian police don't have the permission to conduct cavity searches, but you're surprised about my lack of understanding of Indian police practises?

Australia has 7 (debatedly more) police services and they all have different powers. Australian Customs aren't police (but they have scary powers). Australian Federal Police and State Police would also be at international airports. But, I'm replying to ladder so there's no need for me to write a coherent e-mail

Well I am more surprised at his lack of understanding of his own police departments.


----------------

Ps, @pmaitra, I know, you have put reasonable restriction on cuss words, but I didn't find any other words properly describing the words idiot and ignorant.

And otherwise, I have used stereotype because the poster used so against us.


PS, I have reasonable doubt if these rules apply to native Australian aboriginals who were ruled under flora and fauna act until 1960's.

 

[Ray]

Awaiting the response of @apple.

 

[ladder]

Now coming to 'Australian Customs aren't police (but they have scary powers).'

The amendments will allow, with the consent of the detainee, an initial non-medical internal scan of a person to be carried out by an officer of Customs using body scan technology that is to be prescribed in the regulations.

CUSTOMS AMENDMENT (SERIOUS DRUGS DETECTION) BILL 2011 Explanatory Memorandum

 

[DingDong]

Wow! I feel like I was lucky to be born in India. Now I fear going to west even on a pleasure trip.

 

[apple]

Awaiting the response of @apple.

Really?

I don't reply to sweary trolls.

Would quote myself that "trying to upset your upsetters" is what four year olds do, but would appear that post of mine that ladder is quoting got deleted.

 

[Ray]

Really?

I don't reply to sweary trolls.

Would quote myself that "trying to upset your upsetters" is what four year olds do, but would appear that post of mine that ladder is quoting got deleted.

Total duffers do not respond.