Controlled Deliveries Flashcards
*What is a Controlled Delivery
Occurs when a consignment of illicit drugs is detected, often concealed in some other goods, in circumstance making it possible for the delivery of those goods to be made under the control and surveillance of NZ Customs and Police Officers, with a view to identifying and securing evidence against those involved for the importation/exportation.
NZ Customs leads and assists with a controlled delivery, whilst Police make the arrest.
*Powers
- Section 12 MUDAA 1978 – Allowing delivery of unlawfully imported drugs [[or precursor substances]] for purpose of detection, etc
- Section 81 S&S 2012 – Searches of persons, places, and vehicles relating to deliveries under section 12 of MUDAA.
Methods of Importation
- International mail Centre
- International Airport
- Imported Air Freight
- Imported Sea Freight
- Transshipped Air or Sea Freight
- Arriving Commercial Vessel
*Two Options for Police with Controlled Deliveries
Option 1 - A “clean controlled delivery”, where no drugs are left within the consignment. Eliminates any risk of the drugs being lost, gives greater freedom in organising the surveillance of the consignment, reduces the risk of alarming the targets who may have arranged countersurveillance. However, at the termination of the operation only “importation” and/or “conspiracy” charges are likely to be filed on those apprehended.
Option 2 - Leave an amount of the drug within the consignment to enable the option of charging an offender with a “possession for supply” charge and also provides the availability of emergency powers should the drugs move to persons or places that are not covered by search warrants. The remainder of the drugs are substituted.
Initial Action Phase
- Appoint roles: OC Investigation, OC File, OC Exhibits, OC Phone, Customs Liaison Officer
- Liaise Early with Customs, provide guidance and direction for handling practices.
- Consider electronic interception
- Request Customs to manipulate the ‘Track and Trace’ system if the parcel is in a track and trace system.
- Contact as early as possible: Surveillance, Photography, CMC, Technical Support Unit
- Plan the operation, develop operation orders and roster staff to cover the duration of the controlled delivery operation
Profile the Package
- any phone number attached to the package or accompanying documentation
- IMEI / SIM information undertaken at early stage (call data)
- telecommunications service providers portability of cell phones
- DNA / fingerprinting / handwriting / impressions / mechanical fit
- multiple packages, including dummy runs to target address or associated addresses.
Profile the Delivery Address
- occupants
- local council – owner / rate payer details
- rubbish delivery – date / time
- Housing New Zealand
- telecommunications service providers
- electricity / gas suppliers to address
- timing of mail to address
- previous occupants & neighbours
- landlord / owner of property
- Police staff who have previously visited premises
- CHIS for historical information
- fixed or mobile surveillance
- photographs / video of premises
- suspect(s) may be monitoring / surveilling the delivery address
*Profile the Addressee
- previous occupiers
- real person or false name?
- connections to delivery address
- relevant convictions / notings / associations
- travel / connections to country of origin
- bank accounts
- photographs
- police intelligence held
- suspect’s knowledge surrounding covert enforcement techniques
- suspect’s knowledge / skill surrounding technology (phones, faxes, computers etc)
- financial profile
- general lifestyle (sports and other interests)
- tracking device for vehicles – variety of options
- risk assessment – firearms required.
Observation Post
Find suitable location and consider:
- camera OP requirements versus intercept requirements (Forward Base)
- whether surveillance device warrant required under the Search and Surveillance Act 2012.
- the staff having to occupy the OP.
*Profiling a Potential ‘OP’ Address
- proximity to target address – close enough to be effective, far enough away to be unobtrusive
- unobstructed line of sight to target address
- access to and from address without arousing suspicion (consider equipment and staff that will need to discretely enter and leave the address)
- phone lines available in street
Things to Consider When Approaching Occupants
- cover story
- protection of identity
- room available with 24-hour access
- preferably no children
- preferably no visitors to address during operation
- gratuity ‘Thank You’ at investigation conclusion
Searching For Evidence
- track and trace receipts
- correspondence
- emails
- contact lists / numbers
- packaging from previous importations
- money and financial records
- scales and packaging etc in relation to supply charges
- travel documentation
Powers under the Search and Surveillance Act 2012
Emergency powers for entering and searching addresses and searching people in relation to offences against the Misuse of Drugs Act 1975 are contained in sections 19 to 24 of the Search and Surveillance Act 2012.
Controlled Deliveries
Emergency powers of entry, search and seizure relating specifically to controlled deliveries are contained within section 81 of the Search and Surveillance Act 2012.
Power To Stop a Vehicle
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.
