Controlled Deliveries

Question 1

What is a controlled delivery?

Answer 1

This occurs when a consignment of illicit drugs is detected often concealed in some other goods, in circumstances making it possible for the delivery of those goods to be made under the control and surveillance of NZ Customs and Police.

Question 2

Who has the power to undertake a controlled delivery?

Answer 2

Customs Officer only under the Misues of Drugs Amendment Act 1978.

Police assist Customs when a controlled delivery is undertaken and if successful Police make the arrest and prosecute.

Question 3

Section 12 of the Misuse Drugs Amendment Act 1978is?

Answer 3

Allowing delivery of unlawfully imported drugs or precursor substances for purpose of detection.

Question 4

Section 81 of Search and Surveillance Act 2012 is?

Answer 4

Searched of person, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978.

Question 5

List some methods of Importation.

Answer 5

International Mail Centre - Inside mail

International Airport - Body packing, internal concealment or concealed within luggage

Imported Air Freight - Within a freight consignment which can be wither commercial or private

Imported Sea Freight - Same as above but by sea

Transshipped air or sea freight - Transiting through NZ with a final destination in another country

Arriving Commercial Vessle - Hidden on board or attached to a vessel that is either unloading or picking up cargo from NZ before continuing on to another country

Question 6

What is a “Clean Controlled Delivery?”

Answer 6

Where no drugs are left within the consignment. This eliminated any risk of drugs being lost. However at the termination of the op only importation and/or conspiracy charges are likely to be filed against those apprehended.

Question 7

The second option rather then a clean controlled delivery is what?

Answer 7

Leave an amount of the drug within the consignment to enable the option of charging the offender with Possession for Supply. This also provides the availablity of emergency powers should the drugs move to persons or places not covered by search warrants.

The remainder of the drugs is substituted.

This requires greater security and recovery on termination is paramount.

Question 8

On notification from Customs of detection what procedure should be followed?

Answer 8

1 - Assume ownership/leadership of investigation and appoint roles ie O/C exhibits
2 - Liaise early with Customs
3 - Consider whether to conduct and electronic interception as part of the controlled delivery.
4 - Request Customs manipulate the Track and Trace system
5 - Contact Surveillance, Photography, Crime Monitoring Centre and Techinical Support Unit early
6 - Start Planning the operation - requires 24 hour coverage so think rosters

Question 9

The first step in setting up an OP is to find a suitable location. Ideally this will be ….

Answer 9

Any staff or “friendlies” who live in the vicinity of the target address or who have friends/ family in the area. If not ID a potential address based on location and proximity to the target.

Question 10

When setting up and OP you should consider?

Answer 10

• Camera OP requirements versus intercept requirements
• whether surveillance device warrant required under S&S 2012
• The staff having to occupy the OP

Question 11

When you have identified a suitable address you must profile it considering what things?

Answer 11

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 without arousing suspicion
Phone lines available in street
Other considerations ie parking, schools, lighting, animals etc

Question 12

You must also profile the occupants by considering what things?

Answer 12

NIA check ie conviction associations
Employment
Credit checks
Power Account

Question 13

When you have profiled the address and occupants you must approach the occupants consider what points when doing this?

Answer 13

Cover story
Protection of ID
Room available with 24 hour access
Preferably no children
Preferably no visitors during the operation
Gratuity

Question 14

Who retains responsibility for the package up to its reintroduction into the mail/delivery system?

Answer 14

NZ Customs

Question 15

List 5 steps to follow when repacking a controlled delivery package.

Answer 15

1 - Liaise with the Customs Technical Unit
2 - Consider you options or repacking ie Multiple packages, tracking device, audio device, opening device, dye trap
3 - Consider seeking advise from document examiner in relation to recreating packaging or identifying the photocopier used by the suspects from some commodities (eg LSD)
4 - Leave appropriate quantity of controlled drugs in package replace rest with placebo
5 - Photograph the package layer by layer

Question 16

When searching of evidence relating to importation looks for?

Answer 16

Track and trace receipts
Correspondence
Computers, faxes and cell phones
Emails
Contact lists /numbers
Packaging from previous importations
Scales and packaging in relation to supply charges
PO Box documentation
Travel documentation
Passports

Question 17

Section 12 of the Misuse of Drugs Amendment Act 1978 refers to delivery methods list these.

Answer 17

Re introduce into postal system for delivery by postie
Delivery by courier company
Police/Customs staff pose as postie / courier
Consider recording the interaction

Question 18

If the addressee is not at the delivery address what should you consider?

Answer 18

Leaving the package in the letter box or at the door
Attempting delivery at a later time
Leaving a “call card” and wait for contact

Question 19

If the addressee accepted the package what do you need to consider?

Answer 19

Monitoring audio/tamper devices and crunch when package is opened
Deciding on length of time to hold cordons
Staff/resources
Other operational requirements

Question 20

Emergency powers for entering and searching addresses and people in relation to offence against MODA 1974 are contained in sections 19-24 of Search and Surveillance List these.

Answer 20

19 - Search of persons in relation to MODA 1975 offence search warrants.

20 - Warantless search of place and vehicles in relation to some MODA offences.

21 - Warrantless searches of people found in or on places or vehicles

22 - Warantless poser to search for controlled drugs and precursor substances if offence suspected against MODA 1975

23 - Internal search of person under arrest for offence against section 6,7 or 11 of MODA 1975

24 - Effect if not permitting internal search under section 23 on bail application

Question 21

What drugs are covered under the following Schedules?

Answer 21

Schedule 1 - Class A
Schedule 2 - Class B
Schedule 3 - Class C
Schedule 4 - Precursor Substance

Question 22

Section 81of Search and Surveillance?

Answer 22

Emergency powers of entry search and seizure relating specifically to controlled devices.

“Searches of persons, places and vehicles relating to deliveries under section 12 of Misuse Drugs Amendment Act 1978”

Question 23

In the event the package involved in a controlled delivery is in a vehicle and you need to stop the vehicle to recover the package what powers can you use?

Answer 23

Section 121 S&S. - Power to stop vehicle to executive statutory power.

Obtain SW however if impractical to do so use

Section 81 S&S to execute the search.

Question 24

If the suspect of the controlled delivery is in a vehicle which no longer contains the parcel and you want to arrest them what power should you use?

Answer 24

Section 9 S&S - Stopping vehicles to find person unlawfully at large or who have committed certain offences.