Controlled deliveries Flashcards
Powers
Power to undertake a controlled delivery is vested in a Customs officer only under s12 of the Misuse of Drugs Amendment Act 1978.
Misuse of Drugs Amendment Act 1978, Section 12
Allowing delivery of unlawfully imported drugs or precursor substances for purpose of detection, etc
(1)
Where any Customs officer acting in the course of his or her official duties believes on reasonable grounds that there is in or on any craft, package, mail, vehicle, or goods any controlled drug or precursor substance that has been imported into New Zealand in contravention of section 6(1)(a) or section 12AB of the principal Act, he or she may, for the purpose of his or her investigation of the matter, leave or replace that drug or precursor substance, or any portion of it, in or on the craft, package, mail, vehicle, or goods and may, in the same manner as if there had been delivery from Customs control,—
(a)
allow the craft or vehicle to leave; or
(b)
allow the package, goods, or mail to be collected by or delivered to or on behalf of the consignee; or
(ba)
allow the package, goods, or mail to be delivered by a person who has agreed to co-operate with Customs; or
(bb)
deliver the package, goods, or mail; or
(c)
return the package, goods, or mail to the appropriate carrier for delivery to the addressee—
as the case may require.
(2)
No Customs officer who exercises any power conferred by subsection (1), and no officer or employee of any carrier who, in the course of his or her duties, does anything in respect of any package, goods, or mail returned to a carrier in accordance with that subsection (whether or not he or she knows that the package, goods, or mail contains a controlled drug or precursor substance), is under any criminal or civil liability in respect of the exercise of that power or, as the case requires, the doing of that thing.
Search and Surveillance Act 2012, Section 81
Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978
(1)
In the circumstances set out in subsection (2), a constable or a Customs officer may, during the course of a delivery in relation to which a Customs officer has exercised his or her powers under section 12 of the Misuse of Drugs Amendment Act 1978, do any or all of the following without a warrant:
(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)
The circumstances are that the constable or the Customs officer has reasonable grounds to believe 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.
Methods of Importation
International Mail Centre - Inside a mail article
International Airport - Arriving courier using either body packing, internal concealment or concealed within luggage
Imported air freight - Within a freight consignement which can be either commercial or private
Imported sea freight - As with air freight but arrive via sea
Transhipped air or sea freight - Transiting through New Zealand 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 New Zealand before continuing onto another country
Two options with controlled deliveries
Option 1 - A “clean controlled delivery”, where no drugs are left within the consignment. This eliminates any risk of the drugs being lost but also gives greater freedom in organising the surveillance of the consignment and reduces the risk of alarming the targets.
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 eh drugs move to persons or places that are not covered by search warrants.
Initial action phase
Step 1
Assume ownership and leadership of the investigation and appoint the following roles:
- O/C Investigation
- O/C FIle
- O/C Exhibits
- O/C Phones / interception (if applicable)
- Customs liaison officer
Step 2
Liaise early with Customs O/C Exhibits and where appropriate take control.
Provide guidance and direction over handling practices as well as numbering, labelling, photographing, analysis, unpacking and repacking.
Step 3
Consider whether to conduct an electronic interception as part of the controlled delivery.
Step 4
Request Customs to manipulate the ‘Track and Trace’ system if the parcel is in a track and trace system.
Step 5
Contact the following services as early as possible:
- Surveillance Squad
- Photography Section
- Crime Monitoring Centre (CMC)
- Technical Support Unit (TSU)
Step 6
Start planning the operation, developing operation orders and rostering staff to cover the duration of the controlled delivery operation.
Intel phase
Profile the package considering sender details:
- phone number attached to package or documentation
- IMEI / SIM information
- telecom service proficers
- DNA / fingerprinting / handwriting / impressions / mechanical fit
- multiple packages, including dummy runs
Profile the delivery address:
- occupants
- local council - owner / rate payer details
- council plans of street and target
- rubbish deliver date/time
- Housing NZ
- telecom provider
- electricity / gas provider
- timing of mail to address
- previous occupants & neighbours
- landlord / owner
- Police staff previously visited
- CHIS for historical information
- fixed or mobile surveillance
- photographs / videos of premises
- security - locks, alarms, camera / video surveillance and animals
- PO Box holder details
- mail stop / flag address to capture further deliveries
Profile addressee:
- previous occupiers
- real person / false name?
- connections to delivery address
- relevant convictions / notings / associations
- travel / connections to country of origin
- bank accounts - large deposits, overseas transfers
- full ID of target
- photographs (casual / formal / surveillance)
- Police intel held (NIA, previous investigations, MO section, IMP, arresting officers)
- suspects’ knowledge surrounding covert enforcement techniques
- suspects’ knowledge / skill for technology (phones, faxes, computers etc)
- suspect’s travel history
- other agency intel (Fisheries, Customs, Immigration, Internal Affairs, etc.)
- financial profile
- family members / associates / vehicles / addresses and places frequented
- general lifestyle (sports, interests)
- business associations
- tracking device for vehicles
- risk assessment - firearms?
Observation Post
Consider:
- camera OP requirements vs intercept requirements (Forward Base)
- surveillance device warrant required?
- staff occupying OP
Suitable address:
- proximity to target address
- unobstructed line of sight to target
- access to and from without arousing suspicion
- ability to beam signals and/or tap into Telecom
- phone lines availabe
- parking, schools, lighting, animals, etc.
Occupants:
- NIA check
- employment
- credit chek
- power account
- CUSMOD check
Approaching occupants:
- cover story
- protection of ID
- room available with 24 hour access
- preferably no children
- preferably no visitors to address
- gratuity ‘thank you’ at conclusion
Repacking packages
NZ Customs retain responsibility for the package up to its reintroduction into the mail/delivery system.
1 Liaise with the Customs Technical Unit (CTU)
2 Consider your options for repacking like:
- multiple packages
- tracking device
- audio device
- opening device (multiple)
- dye trap
- covert marking of commodity (eg. LSD)
3 Consider seeking advice from the document examiner in relation to recreating packaging or identifying the photocopier used by the suspects for some commodities (eg LSD)
4 Leave appropriate quantity of controlled drugs in the package but replace the rest with a placebo or similar substance
5 Photograph the package, layer by layer, and:
- use scale rule
- use photo labels
Search Warrants and evidence
Search warrants under s6 of S&S Act 2012 for places, vehicles, or “other things”, could include:
- known addresses
- vehicles
- Post Office boxes
- cell phones (including text messaging) and call data
Evidence relating to imporation:
- track and trace receipts
- correnspondence
- computers, faxes and cell phones
- emails
- contact lists / numbers
- packaging from previous importations
- money and financial records
- scales and packaging etc in relation to supply charges
- PO Box documentation
- travel documentation
- passports
Delivery
Ensure roster allows for 24 hour coverage. Staff the Forward OP and deploy Surveillance and Crunch teams with TSU / Customs Drug Investigation Unit (CDIU) monitors for mobile audio and tracking.
Consider method of delivery (Misuse of Drugs Amendment Act 1978, section 12):
- 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
If delivery to PO Box consider an opening device and camera on the box.
If addressee is not at delivery address consider:
- leaving the package in letter box or at the front door
- attempting delivery at a later time
- leaving a “Card to Call” and wait for contact from the addressee
If addressee accepts the package consider:
- monitoring audio/tamper devices and crunch when package is opened
- deciding on length of time to hold cordons
- staff/resources
- other operational commitments
If package goes mobile consider:
- 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)
If target goes mobile without package, or vice versa consider:
- control, communication and risk
- splitting resources and surveilling both
- keeping observation on package location at all times to avoid loss of evidence/equipment
HQ base should always maintain a written log of all action undertaken during this phase.
