3. Drug Offences - Deliveries Flashcards
What is a controlled delivery?
when a consignment of illicit drugs is detected in circumstances making it possible for the delivery of goods to be made under the control and surveillance of NZ Customs and Police, with a view to identifying and securing evidence against those involved in the importation/exportation. Yea
What power are involved in controlled deliveries and which agency is responsible?
powers are vested in a Customs officer under s12 MoDA. Police assist Customs when a controlled delivery operation is undertaken.
Give examples of methods of importation
- International mail centre – inside mail
- International airport – courier using body packing or internal concealment, or concealed within luggage
- Imported air/sea freight – within a freight consignment
- Transhipped air/sea freight – transiting through NZ with final destination elsewhere
- Arriving commercial vessel – hidden on board or attached to a vessel that is unloading or picking up cargo in NZ and going elsewhere
What are the two options for controlled deliveries?
- A “clean controlled delivery” - no drugs are left in the consignment. Eliminates risk of the drugs being lost but a greater freedom of surveillance. However, termination will only allow “importation” and/or “conspiracy” charges.
- Leave a small amount of the drugin the consignment to enable the option to charge with “possession for supply” charge. Allows emergency powers to be used if the drugs move to persons or places not covered by search warrants. Greater security, and recovery of drugs is required on termination.
What powers are available for controlled deliveries?
emergency powers of entry, search and seizure relating specifically to controlled deliveries are contained within section 81 of the S&S Act.
What powers are there to stop a vehicle?
•S121 – stop a vehicle if have authority to search it by executing a SW or using a warrantless search power
What powers are there to stop a suspect at large?
if suspect of controlled delivery is in a vehicle can stop under s9 of S&S - RGTS person committed offence punishable by imprisonment
What are the two categories of tracking devices?
- GPS - A device that can be used to help ascertain the location of a person or thing.
- Beacon - A device used for detecting whether a thing has been handled
If a tracking device is installed without a warrant, what is the time period in which it needs to be removed or a tracking device warrant obtained?
72 hours
Outline the 2 different legislations relating to internal searches
- Section 23 of the S&S Act – relates to conducting internal searches of people believed to be concealing drugs internally. These people must be under arrest for specific offences and any request for an internal search must be made by a Constable.
- Section 13A of MODA – for dealing with people believed to be concealing Class A or B controlled drugs internally. Any Police Constable or Customs Officer may request a warrant from a District Court Judge to detain someone under this section.
what are some things to consider with an OP for a controlled delivery?
- whether a surveillance device warrant is required
- proximity to the address - close enough to be effective but far enough to be unobtrusive
- unobstructed line of sight to address
- access to and from address without arousing suspicion
- phone lines available on street
what points do you consider when profiling the address of a controlled delivery?
- previous occupiers
- real/false name
- relevant convictions, associations
- connection to delivery address
- travel, connections to country of origin
- bank accounts
- photographs (surveillance/casual)
- Police intel
- suspects travel history
- financial profile
what evidence do you look for in a SW involving controlled deliveries?
- scales and packaging relating to supply charges
- track and trace receipts
- emails
- money and financial records
- PO box documentation
- passports
- correspondence
- computers and cell phones
- contact lists and number
