Controlled Deliveries Flashcards
What Sections and acts should work in conjunction with each other when it comes to controlled deliveries?
S12 MODA 78 allowing delivery of unlawfully imported drugs WITH S 81 SnS 12 searches of person, places, vehicles relating to deliveries under S12 MODA 78
List and describe methods of Importation
International Mail Centre Inside a mail article
International Airport Arriving courier either body packaging, internal concealment or concealed within luggage
International Air Freight Within a freight consignment which can be either commercial or private
Imported Sea Freight As with a air freight but arrive via sea
Transhipped air or sea freight Transiting through NZ with a final destination in another country
Arriving commercial vessel Hidden on board or attached to a vessel that is either unloading or picking up cargo from NZ before continuing onto another country
What are the 2 options of controlled Delivery?
Option 1: Clean controlled delivery where no drugs are left within the consignment.
Option 2: Leave an amount of the drug with the consignment to enable charge for “Possession to Supply”
What are the Pros and Cons to option 1 and 2?
Option 1: Eliminates any risk of drugs being lost and gives greater freedom in organising surveillance and reduces the risk of alarming counter surveillance. HOWEVER The termination of the op, Importation and/or conspiracy charges are likely to filed.
Option 2: Gives ability to charge with “Possession to supply” and also allows the availability for emergency powers to be used should the drugs move from person or places the search warrant do not cover. HOWEVER the remainder of the drugs require greater security and recovery of them is paramount.
Summarise the Initial Action Phase
1) Assume ownership and leadership and appoint roles. OC Investigation OC File OC Exhibits OC Phones/Electronics and Custom Liaison.
2) Liaise with customs OC exhibits and where appropriate take control.
3) Consider whether to conduct electronic interception as part of the controlled delivery. Offence must fall into S6 MODA 75 and/or Psychoactive Substances Act 2013
4) Request customs to manipulate “track and trace” system if the parcel is in a track trace system.
5) Contact the following squads as early as possible for assistance. Surveillance, Photography, Crime monitoring Centre (CMC) and Technical Support Unit (TSU). Note CMC only required if electronic interception is being conducted. Customs usually have their own TSU but in case they are not available have police TSU on standby.
6) Plan operation, develop op orders and rostering staff to cover the duration of the op. 24/7 monitoring needs to be considered.
Summarise the intel phase
1) Profile the package by considering the sender details
2) Profile the delivery addresses
3) Profile the addressee
4) Observation Post
5) Consider S46 SnS 2012 (Surveillance device Warrant)
6) Profiling a Potential address
7) Profiling Occupants
8) Things to consider when approaching occupants
Repacking Controlled Delivery Packages. List action steps
1) Liaise with customs technical unit (CTU)
2) Consider repacking, multiple packages, tracking device, audio device, dye trap etc
3) Consider advice from “document examiner” in relation to recreating
4) Leave appropriate quantity of controlled drugs and replace rest with placebo
5) Photograph packaging, use ruler, labels etc
S6 Search warrants in controlled deliveries are for what?
- Known addresses
- Vehicles
- Post office boxes
- Cellphones (Production orders)
What evidence would you search for under S6 SnS 12? List 5
- Track and trace receipts
- Emails
- Correspondence
- Packaging from previous importation
- Passports
- General ID
Summarise the delivery Phase
- Method of delivery (Re introduce into mailing system, UC posing as courier employee
- If delivery to a PO Box, consider camera on box or opening device
- If addressee not at delivery address, consider leaving at box or door AND leave calling card OR arrange another delivery date time
- If addressee accepts consider documenting interactions. Crunch when packaged opened. Consider staff resources, cordons and length of time.
- If package/addressee goes mobile with or without package consider control, comms and risk
- Headquarters base should always maintain a written log
What emergency powers do you have to search an address and/or persons in relation to offences against S6 MODA 75
S19 SnS 12: Constable may search any persons found in or on a place or vehicle in relation to S6 warrant and offence specified against S6 MODA 75
S24 SnS 12: Court may decline to consider bail application and direct to be detained in police custody until S23(1) (Internal Search) adhered to. No longer than 2 days. Overrides any contrary provisions about bail in any of the following
- Bail Act 2000
- MODA 75
- Criminal Procedure Act 2011
Note: Emergency powers of entry/search and seizure relating specifically to controlled deliveries are contained within S81 SnS 12
Which controlled drugs can be searched for under S19 and S24 SnS 2012?
- Schedule 1,2,3 and 4 MODA 75
Describe SnS 12 powers to stop a vehicle in the package goes mobile and you need to stop?
S121 SnS 12 to stop the vehicle. Use or obtain warrant S6 SnS 12 to search vehicle UNLESS emergency and use S81 SnS 12. If S81 SnS 12 used ensure to record log in NB
What power would you use to stop and arrest a suspect at large with NO parcel or item in vehicle?
S9 SnS 2012 allows you to stop vehicle and arrest occupant of that vehicle when controlled drugs are not present with suspect
