Controlled Deliveries and Tracking Devices Flashcards
Define, Controlled Deliveries
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 Officers, with a view to identifying and securing evidence against those involved for the importation/exportation.
Powers involved in Controlled Deliveries.
Power to undertake a controlled delivery is vested in a Customs Officer only, under section 12 of Misuse of Drugs Amendment Act 1978.
Police assist, make arrest and conduct the prosecution.
Search of person, places and vehicles, relating to controlled deliveries is authorized under??
Section 81 Search and Surveillance Act 2012
Controlled Deliveries generally occur in one of the following situations…
International mail centre (Inside mail)
International Airport (Courier using body packing internal concealment or concealed within luggage)
Imported air freight (freight within a commercial or private flight)
Imported sea freight (AA)
Two options with controlled deliveries - Option 1
Option 1:
Clean controlled delivery.
No drugs left inside, eliminates drugs being lost, greater freedom in organising surveillance, reduces the risk of alarming targets who may have arranged counter surveillance.
Termination - only importation and conspiracy charges are likely.
Two options with controlled deliveries - Option 2
Leave an amount of drugs within, enable option to charge with possession for supply, provides availability of emergency powers if drugs are to be moved to persons or places not covered under warrant. Remainder of Drugs are substituted, greater security and recovery on termination is paramount.
Controlled delivery operations are conducted pursuant to section????
12 of Misuse of Drugs Amendment Act 1978
Installing a tracking device, how long can an emergency surveillance device be installed for without a surveillance device warrant?
48hrs, if entitled to apply for such warrant but obtaining it within time-frame is impracticable in the circumstances.
Situations of emergency or urgency for installing surveillance devices without SDW, which section?
Section 48(2)(e) SS Act 2012
The enforcement officer has reasonable grounds
i) to suspect that offence has, is, or will be committed in relation to a controlled drug specified or described in Schedule 1, 2 or 3 of MODA or precursor in part 3, schedule 4, AND,
ii) to believe that use of surveillance device would obtain evidential material in relation to the offence.
Section 48(2)(f)
The enforcement officer has reasonable grounds
i) to believe that a person is in possession of any 1 or more of the things described in section 81(2)(a) to (d); AND,
ii) to believe that use of the surveillance device is necessary to facilitate the things seizure.
Surveillance device warrant to be obtained under….for the purposes of installing tracking devices. Circumstances include:
Section 46 SS Act 2012
(b) use of a tracking device, except where installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, etc, and instalation does not involve trespass to land or goods.
(d) use of surveillance device that involves trespass to land or trespass to goods.
Surveillance device is….
A tracking device, interception device, or a visual surveillance device that enhances your normal capabilities to carry out surveillance.
Define, tracking device
A device that may be used to help ascertain, by electronic or other means, either or both of the following:
The location of a thing or person, or whether a thing has been opened, tampered with, or in some other way dealt with. Doesn’t include any vehicle or means of transport.
