controlled deliveries Flashcards
What is a controlled delivery
The delivery of illicit drugs made under the control and surveillance of NZ customs and Police, with a view to identifiying and securing evidence against offenders involved in the importation/exportation.
option 1: clean controlled delivery - all drugs removed from the consignment. - only allows for imports / conspiracy charges to be laid.
option 2: small amount of the drug left with consignment - allows option of charging recipient with possession for supply.
-What points to consider when profiling the addressee of a controlled delivery
- previous occupiers
- real person / fake name
- connections to address
- conviction history / notings / associates
- travel history / connections to country of origin
- bank accounts - 1C deposits / overseas deposits
- photographs
- police intel
- suspects knowledge /awareness of covert investigation techniques
- suspect knowledge of technology
-What evidence to look for in a search warrant involving controlled deliveries
- track and trace recepits
- correspondance
- computers / cell phones
- emails
- contact lists
- packaging from other imports
- financial records and money
- supply equipment - scales etc
- PO box documentation
- travel documentation
- passports
Differences between 13A MODA 75 and Sec 23 S & S Act 2012 - Internal Searches
s13A MODA 1975
- relates to persons who you have REASONABLE CAUSE TO BELIEVE are concealing class A or B drugs but are not under arrest.
- Can search for class A or B drugs only.
- Can be done by constable or customs.
- request made to District Court Judge for detention warrant for 7 days, renewable in periods of 7days - maximum of 21 days.
- Medical practitioner must be approved by commissioner or customs Chief Executive.
s23 SASA12
- relates to persons under arrest
- can search for Class A, B, C and property that is evidence of offence
- request only be made by Constable to Require suspect to allow medical practitioner to conduct internal examination
- Medical practitioner can be nominated by the constable.
- If fails to permit examination court can decline to consider bail application for 2 days or until they agree to examination.
four things to consider when setting up an OP:
a) Find a suitable location, (staff family friends)
b) Camera OP requirements versus intercept requirements (forward base)
c) Whether surveillance device warrant is required under the S & S Act 2012
d) The staff having to occupy the OP
Name four ways a controlled delivery could come about:
- International airport with traveller using body packing, internal concealment, or concealed in luggage
- Discovered in mail at international mail centre
- Discovered in sea freight consignment which can be commercial or private
- Transhipped air or sea freight – that is transiting through NZ with a final destination in another country
- Hidden on board or attached to a commercial vessel either unloading or picking up cargo in NZ
things to consider when profiling address of controlled delivery
- Police intelligence applications
- Mail stop/flag address to capture further deliveries
- Task customs to back capture previous deliveries to the address cia CUSMOD.
- Occupants
- Local Counsil
- Rubbish Delivery
- Housing NZ
- CHIS – historical information or whom to be tasked
- Business Associates
- Tracking devices for vehicles
where does the powers come from to undertake controlled deliveries and who has has the power?
From s12 Misuse of Drugs Amendment Act 1978.
Power is vested in customs officers only.
-Police assist and carry out arrest and prosecution.
What powers are involved in controlled deliveries?
-s12 MOD amendment act 1978
allows delivery of unlawfully imported drugs or precursors, for purposes of detection
-s81 SEARCH AND SURVEILLANCE ACT 2012
searches of persons, places vehicles in relation to deliveries under s12 MOD AA 1978
s81 SASA12
s81(1)
IN circumstances under (2) a constable or customs officer is exercising powers under s12 MOD AA 1978 they can:
a) search person involved in controlled delivery
b)enter and search any place, vehicle, craft.
c)seize anything described in (2).
s81(2)
constable or customs officer has reasonable grounds to believe person, place or vehicle has or conatins:
a) controlled drug
b)precursor
c)a package which customs has replaced all or some of the controlled drug or precursor
d)evidential material in relation to offence of 6(1)(a) or 12AB MODA 1975
6 steps in the initial action phase of a controlled delivery:
1 - assume ownership of investigation and assign OC inv / OC exh / OC phones / OC file / OC customs liaison
2 - Liaise early with customs and OC exhibits: provide guidance on labelling, photographing, unpacking repacking of exhibits for delivery
3 - Consider interception phase - liaise with CMC/TSU
4 - Ask customs to manipulate ‘track and trace’ system
5 - Liaise with CMC / surveillance / TSU / photography section early
6 - start planning operation, planning staff and rostering for 24 hr cover
What class do the controlled drugs need to be to get authority for interception phase in CONTROLLED DELIVERY
class A and B drugs only
What to consider when profiling the package of controlled delivery:
- sender details
- senders location
- phone numbers attached
- IMEI data
- DNA / fingerprints
- multiple packages / dummy runs to target address
- telco providers portability of cellphones.
What tasks need to be completed during the intel phase?
- profile the package
- profile the address
- profile the addressee
OP: considerations when profiling an OP
- proximity to target address; close enough to work but far enough away to unobtrusive
- unobstructed line of sight
- access to and from address without being suspicious
- ability to beam signals/tap into phone lines
- proximity to schools, parking lots, street lighting, activities in area
