2. Controlled Deliveries, Tracking Devices, Internal Search and Internal Concealment Flashcards

1
Q

Define ‘Controlled Delivery’

A

Occurs when a consignment of illicit drugs is detected, making it possible for the delivery of those goods to be made under the control and surveillance of NZ Customs and Police Officers.

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2
Q

Controlled Delivery

What are the 4 Methods of Importation? (IIII)

A

International Mail Centre - Inside a mail article
International Airport - Arriving couriers
Imported Air Freight - Commercial or Private
Imported Sea Freight

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3
Q

Controlled Delivery

Option 1

A

Clean controlled delivery - all drugs removed.

Reduces risk but limits charging to Importing and/or Conspiracy

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4
Q

Controlled Delivery

Option 2

A

Leave a certain amount of drugs that amount to possession for supply charges.

Provides emergency powers when outside of warrant conditions.

Remainder of drugs are substituted, makes recovery on termination paramount.

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5
Q

Controlled Delivery

Detail the ‘Initial Action Phase’ when a detection of a package occurs. 4 things. (CRAP)

A
  • Assume ownership and appoint key roles (O/C exhibits, investigation, file)
  • Request Customs to manipulate ‘Track n Trace’
  • Contact specialists (REDS, TSU, Photos, CMC)
  • Plan operation (Rostering staff 24/hr coverage)
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6
Q

Controlled Delivery

Detail the 3 profiling steps re the ‘Initial Action Phase’ in terms of an importer when a detection of a package occurs.

A
  • *Profile package by considering sender details**
  • Phone details (IMEI, SIM, call data), forensic evidence (DNA/Fingerprinting/Handwriting)
  • *Profile delivery address**
  • Local Council info, owner/occupant details, police intel, photos/video of premises
  • *Profile the addressee**
  • previous occupiers, real person or false name? connections to delivery address, relevant convictions / notings / associations
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7
Q

Controlled Delivery

Things to consider when finding a suitable observation post

A

Consider:

  • Camera OP requirements vs intercept requirements
  • Whether SDW required
  • Staff to occupy OP
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8
Q

Controlled Delivery

Things to consider when profiling a potential OP address, and its occupants

A
  • *Profile address**
  • Proximity to target address (close enough)
  • Access to address without causing suspicion
  • Phone lines available
  • Unobstructed line of sight to target address

Profile Occupants
• NIA check for convictions, associations
• employment
• credit checks
• power account

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9
Q

When you have profiled a potential address and its occupants as suitable, you must approach the occupants.

Consider these points when doing so:

A
  • cover story
  • protection of identity
  • room available with 24-hour access
  • preferably no children
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10
Q

List the five key steps when repacking controlled delivery packages (4 things)

A
  1. Liaise with the Customs Technical Unit (CTU).
  2. Consider your options for repacking like (Audio, tracking device inside)
  3. Consider seeking advice from the document examiner
  4. Leave appropriate quantity of controlled drugs in the package but replace the rest with a placebo
    5.
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11
Q

Controlled Delivery

When searching for evidence relating to Importation, list 4 key things you would look for? (PETS)

A
  • Track n Trace receipts
  • Packaging from previous importations
  • Scales and packaging (supply)

-Emails

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12
Q

List three methods of delivery for a repackaged controlled delivery available for Police/Customs?

What other action would you consider whilst delivering the package?

A
  • Re-introduce into postal system for delivery by postie
  • Delivery by a courier company
  • Police / Customs staff pose as postie / courier
  • Consider recording the interaction.
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13
Q

When a controlled delivery package goes mobile, what four things should you be considering?

A
  • control, communication and risk
  • proximity of tracking/monitoring vehicles to target – close enough to be in range, far enough back to avoid being observed
  • crunch cars to keep back and let Surveillance relay the target’s activities
  • need for repeaters to ensure no loss of communications (temporary repeaters are available).
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14
Q

Controlled Delivery

Explain your Emergency Powers pursuant to S81 Search and Surveillance Act 2012

A

(1) During course of delivery, Customs Officer or Constable may
(a) search a person involved in a delivery under section 12 of the Misuse of Drugs Amendment Act 1978:
(b) enter and search any place, craft, or vehicle:
(c) seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2).
(2) IF RGTB that the person is in possession of, or the place, craft, or vehicle contains, any 1 or more of the following:

(a) a controlled drug:
(b) a precursor substance:
(c) a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or precursor substance:
(d) evidential material in relation to the commission of an offence under section 6(1)(a) or 12AB of the Misuse of Drugs Act 1975.

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15
Q

What are two other emergency powers you should be considering if a controlled delivery/wanted person goes mobile?

A
  • power to stop a vehicle to exercise a statutory power of search pursuant to section 121 of the Search and Surveillance Act 2012.
  • A search warrant should be obtained for the vehicle, however if it is impracticable to do so then you can use section 81 of the Search and Surveillance Act 2012, to execute a power of search.
  • power to stop the vehicle contained in section 9 of the Search and Surveillance Act 2012. This section allows you to stop a vehicle for the purpose of arresting an occupant of that vehicle.
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16
Q

When is a surveillance device warrant required to use a tracking device?

What are the exemptions when a surveillance device warrant is not required?

A

S46 Search and Surveillance Act 2012

“(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:”
• “(d) use of a surveillance device that involves trespass to land or trespass to goods”. (The term “surveillance device” includes a tracking device).

17
Q

What are the two main types of tracking devices?

A

The two main forms of tracking devices are Beacon and GPS.

18
Q

You are part of a controlled delivery investigation that has installed a tracking device without a surveillance device warrant (SDW).

What is the time period in which it either needs to be removed or a SDW (tracking device) should be obtained?

A

48hrs

19
Q

An enforcement officer may use a SD for up to 48 hours without obtaining a SDW if… “ ” and “ ” pursuant to Section 48 - S+S Act 2012

A

for up to 48 hours without obtaining a surveillance device warrant if entitled to apply for such warrant but obtaining it within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances

20
Q

You have arrested a local methamphetamine manufacturer who is in possession of 30 kilos of substance pseudoephedrine. What schedule of the Misuse of Drugs Act 1975 would you find pseudoephedrine?

A

Pseudoephedrine is found in Part 2 of Schedule 2 of this act (as it is re-classified as a Class B Controlled Drug).

21
Q

You are part of a controlled delivery investigation. The targets have left with the consignment in the boot of a vehicle. It is not practicable to obtain a search warrant for the vehicle. You have been directed to stop and search the vehicle. Explain what power(s) you can use to stop and search this vehicle?

A

As it is impracticable to obtain a search warrant for the vehicle you can stop the vehicle pursuant to section 121 of the Search and Surveillance Act 2012, to exercise a power of search.

You can then search the vehicle for evidential material relating to the controlled delivery under section 81 of the Search and Surveillance Act 2012. You should record all decisions around stopping the vehicle in your notebook.

22
Q

Powers involved in controled deliveries - who runs the operation?

A

Powers to undertake a CD is vested in a customs officer only, in the event the CD is successful, police arrest and conduct prosecution.