Police powers under the Controlled Substances Act 1984 (SA)

The Controlled Substances Act 1984 (SA) gives broad powers to the police and other people to investigate offences under the Act including the power to:

See Part 7 Controlled Substances Act 1984 (SA).

Warrant required to enter premises

Before a premises can be entered or broken into a warrant must be obtained from an approved police officer, justice of the peace or special magistrate, who must be satisfied that there are reasonable grounds for suspecting that an offence against the Act has been, is being, or is about to be, committed and that a warrant is reasonably required in the circumstances [ see further s 52(4) Controlled Substances Act 1984 (SA)].

General police powers

General police powers to search and enter are authorised by the Summary Offences Act 1953 (SA) and remain unaltered by the Controlled Substances Act 1984 (SA) , see arrest and questioning. Generally, a person must be arrested before she or he can be searched [ Summary Offences Act 1953 (SA) s 81]. However, police may search people withoutarresting them if the police have a reasonable belief that they are in possession of any substance or equipment in contravention of the Controlled Substances Act 1984 (SA). A person can insist on being taken before a magistrate to have the search authorised but as there is no obligation on a police officer to inform the person of this right it is rarely invoked. As a consequence, street searches for pipes and cannabis are common.

Drug detection dogs and electronic drug detection devices

Police can use drug detection dogs (or ‘sniffer’ dogs) or electronic drug detection systems in certain areas including: