Controlled Deliveries Flashcards
Controlled Delivery
A controlled delivery occurs when a consignment of drugs is detected, often concealed in other goods, in circumstances making it possible for the delivery of those goods to be made under control and surveillance of NZ customs and Police officers, with a view to identify and secure evidence against those involved for the importation/exportation.
Methods of Importation
Arriving commercial vessel - hidden on board or attached to a vessel that is either unloading or picking up cargo from NZ before continuing on to another country.
Imported air freight - within a freight consignment which can be either commercial or private.
Imported sea freight - as with air freight arrives via sea.
International mail centre - inside an article of mail
International airport - arriving courier using either body packing, internal concealment or concealed within luggage.
Transhipped air or sea freight - Transiting through NZ with a final destination in another country.
Powers involved in controlled deliveries
Section 12 Misuse of Drugs Amendment Act 1978 - Allowing the delivery of unlawfully imported drugs or precursor substances for purposes of detection etc.
This power is vested in a customs officer only.
Section 81, S and S Act 2012 - Search of persons, places and vehicles relating to deliveries under section 12 of the Misuse of Drugs Amendment Act 1978.
Two options with controlled deliveries - Option one
A clean controlled delivery. No drugs are left with the consignment. This eliminates any risk of drugs being lost but also gives greater freedom in organising the surveillance of the consignment and reduces the risk of alarm in the targets who may have arranged counter-surveillance. However, at the termination of the operator only importation and/or conspiracy charges are likely to be filed on those apprehended.
Two options with controlled deliveries - Option two
Leave an amount of a drug with the consignment to enable the option of charging the offender with Possession for Supply and also provides the availability of emergency powers should the drugs move to a person or a place that is not covered by the search warrants. The remainder of the drugs are substituted. Consequently any consignment with drugs within it requires greater security, and recovery on termination is paramount.
Controlled delivery Intel Phase - Three stages of intel
- Profile the package by considering the sender details: Phone details, forensic evidence
- Profile the delivery address: Council info, service providers, owner/occupant details, police intel, photo’s, security
- Profile the addressee: Real name, personal details, previous history, photos held, bank details, Police intel, suspect knowledge, lifestyle.
Controlled Delivery - Initial action phase
- Assume ownership and appoint key roles
- Liaise with customs
- Consider electronic interception
- Request customs to manipulate track and trace
- Contact specialists
- Plan operation
Controlled Delivery
Things to consider for an observation post
- Camera OP requirements vs intercept requirements
- Whether SDW required
- Staff to occupy OP
Profile address
- Distance/line of sight to target
- Access to address without causing suspicion
- Phone lines available
- Other conditions - parking, schools, lighting
Controlled Delivery
Evidence Relating to Importation
- Track n Trace receipts
- Packaging from previous importations
- Scales and packaging (supply)
- PO box documentation
- Computers, faxes, cellphones
- Contact lists/numbers
- Correspondence
- Emails
- Passports
- Travel documentation
- Money and financial records
Controlled Delivery
Emergency Powers
S81 Search and Surveillance Act 2012
(1) During course of delivery, Customs Officer or Constable may
(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) IF RGTB 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.
Internal Searches
Under Arrest
S23 Search and Surveillance Act 2012
- Must be under arrest for offences against sections 6, 7, 11 MODA
- Constable must have RGTB person has anything secreted in their body any property that may be evidence of the offence with which they are charged or other offence against S6,7,11.
- Any class drug, Constable must request internal examination
Internal Searches
Not Under Arrest
S13A Misuse of Drugs Amendment Act 1978
- Not arrested
- Constable or Customs Officer must have reasonable cause to believe
- Class A or B drug only
- Constable or Customs Officer may request warrant for detainment from District Court Judge
Name the two types of tracking devices
- Beacon
- GPS
What is the time limit to remove a tracking device installed without warrant
72 hours
R V Rankine
It is in the public interest that nothing should be done to discourage members of the public from coming forward to provide information to the police.
