Controlled Deliveries etc

Question 1

What is a controlled delivery?

Answer 1

A controlled delivery 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. This could also incorporate couriers caught body packing or travelling with drugs concealed within their luggage.

Question 2

Powers involved in controlled deliveries

Answer 2

Power to undertake a controlled delivery is vested in a Customs officer only, under s12 of the Misuse of Drugs Amendment Act 1978. Police assist Customs when a controlled delivery operation is undertaken. In the event that the controlled delivery operation is successful Police make the arrest and conduct the prosecution.

Question 3

Opportunities for controlled delivery

Answer 3

By far the best opportunities for a controlled delivery occur when Customs staff detect drugs concealed in consignments of goods that are moving unaccompanied in freight consignments, unaccompanied baggage and unaccompanied motor vehicles and in international postal items. Without using a controlled delivery, such detections would normally result in the seizure of the goods only. Those responsible for the smuggling may not be discovered, and the smuggling organisation would lose only the drugs.

The practical steps to be taken by law enforcement officers in exploiting detections of this type by means of controlled delivery have many features in common, whether the detection is in freight or in the post and whether the controlled delivery is to be internal or external, clean or otherwise.

Question 4

Methods of Importation

Answer 4

Controlled deliveries will generally occur in one of the following situations.

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 consignment 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

Question 5

Two options with controlled deliveries

Answer 5

Option One:
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 who may have arranged counter-surveillance. However, at the termination of the operation only “importation” and/or “conspiracy” charges are likely to be filed on those apprehended.

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 the drugs move to persons or places that are not covered by search warrants. The remainder of the drugs are substituted. Consequently any consignment with drugs still in it requires greater security, and recovery on termination is paramount.

Question 6

Suitability of each method of controlled deliveries

Answer 6

Although a clean controlled delivery is sometimes preferable, the nature of the concealment or the size of consignment can sometimes make the removal and substitution of the drugs impossible. In such cases, while a controlled delivery may still be attempted, it must be against the background of even closer surveillance and control, even at the risk of alarming the organisers. In such cases, the policy must be to effect overt seizure rather than risk loss of control of the consignment, even if it means that the seizure has to be made at an otherwise premature stage.

Question 7

Steps for controlled deliveries

Answer 7

1. Assume ownership and leadership of the investigation and appoint the roles
2. Liaise early with Customs O/C Exhibits and where appropriate take control.
3. Consider whether to conduct an electronic interception as part of the controlled delivery.
4. Request Customs to manipulate the ‘Track and Trace’ system if the parcel is in a track and trace system.
5. Contact the following services as early as possible:
    Surveillance Squad
    Photography Section
    Crime Monitoring Centre (CMC) – if applicable
    Technical Support Unit (TSU) – if applicable.
6. Start planning the operation, developing operation orders and rostering staff to cover the duration of the controlled delivery operation.

Question 8

Intel Phase:

Profile the package by considering the sender details, in particular:

Answer 8

Sender location
 any phone number attached to the package or accompanying documentation
 IMEI / SIM information undertaken at early stage (call data)
 telecommunications service providers portability of cell phones
 DNA / fingerprinting / handwriting / impressions / mechanical fit
 multiple packages, including dummy runs to target address or associated addresses.

Question 9

Intel Phase:

Profile the delivery address by considering:

Answer 9

Police intelligence applications
 occupants
 local council – owner / rate payer details
 council plans of street and target premises (includes aerial)
 rubbish delivery – date / time
 Housing New Zealand
 telecommunications service providers – eg Telecom, Vodafone, 2 degrees
 electricity / gas suppliers to address
 timing of mail to address
 previous occupants & neighbours
 landlord / owner of property
 Police staff who have previously visited premises
 CHIS for historical information or whom to be tasked
 fixed or mobile surveillance (Police and Customs)
 photographs / video of premises
 security – including locks, alarms, camera / video surveillance and animals
 in the case of a PO Box, obtain box-holder details
 Customs powers versus Police powers for obtaining information expediently
 mail stop / flag address to capture further deliveries
 suspect(s) may be monitoring / surveilling the delivery address.

Task Customs to back-capture previous deliveries to the address via CUSMOD (the INTERPOL managed border alert system) enquiries and also consider other agencies holding intelligence (Fisheries, Immigration, Internal Affairs etc).

Question 10

Intel Phase:

Profile the addressee

Answer 10

Consider:
 previous occupiers
 real person or false name?
 connections to delivery address
 relevant convictions / notings / associations
 travel / connections to country of origin
 bank accounts – large deposits, overseas transfers.
 full identification of target if possible
 photographs (casual / formal / surveillance)
 police intelligence held (NIA, previous investigations, MO section, IMP, arresting officers)
 suspect’s knowledge surrounding covert enforcement techniques
 suspect’s knowledge / skill surrounding technology (phones, faxes, computers etc)
 suspect’s travel history including passport holdings
 other agency intelligence held (Fisheries, Customs, Immigration, Internal Affairs etc)
 financial profile
 family members / associates / vehicles / addresses and places frequented
 general lifestyle (sports and other interests)
 business associations
 tracking device for vehicles – variety of options
 risk assessment – firearms required.

Question 11

Observation Post details

Answer 11

The first step in setting up an OP is to find a suitable location. Ideally, identify any staff or ‘friendlies’ who live in the vicinity of the target address, or who have friends / family in the area. If there are none, then identify a potential address based on location / proximity to target.
Consider:
 camera OP requirements versus intercept requirements (Forward Base)
 whether surveillance device warrant required under the Search and Surveillance Act 2012. (see limitations below)
 the staff having to occupy the OP.

Question 12

Section 46 Search and Surveillance Act 2012

Answer 12

“(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:”

“(d) use of a surveillance device that involves trespass to land or trespass to goods:”

“(e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds-

(i) 3 hours in any 24-hour period; or
(ii) 8 hours in total.”

Question 13

Profiling a potential OP address

Answer 13

When you have identified a suitable address, you must profile it by considering:
 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 address without arousing suspicion (consider equipment and staff that will need to discretely enter and leave the address)
 ability to beam signals and/or tap into Telecom cables (video and audio interception)
 phone lines available in street
 other conditions relating to the vicinity of the OP, eg parking, schools, other neighbourhood activities, lighting and animals.

Question 14

Profiling the occupants of OP address

Answer 14

You must also profile the occupants by considering:
 NIA check for convictions, associations
 employment
 credit checks
 power account
 CUSMOD checks.

Question 15

Things to consider when approaching occupants of OP address

Answer 15

When you have profiled a potential address and its occupants as suitable, you must approach the occupants. Consider these points when doing so:
 cover story
 protection of identity
 room available with 24-hour access
 preferably no children
 preferably no visitors to address during operation
 gratuity ‘Thank You’ at investigation conclusion.

Question 16

Repacking controlled delivery packages

Answer 16

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.

Question 17

Search Warrants are issued for?

Answer 17

Search warrants under s6 of the Search and Surveillance Act 2012 may be issued for places, vehicles, “or other things”. This could include:
 known addresses
 vehicles
 Post Office boxes
 cell phones (including text messaging) and call data.

Question 18

Search for evidence relating to the importation

Answer 18

Search for evidence relating to the importation:
 track and trace receipts
 correspondence
 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.

Question 19

Electronic interception information required

Answer 19

A surveillance device warrant must contain a number of things including the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance (section 55 of the Search and Surveillance Act 2012).

As noted, surveillance device warrants to enable the use of tracking devices may need to be sought under the Search and Surveillance Act 2012. Tracking devices are covered later in this chapter.

Question 20

Method of delivery of drugs

Answer 20

Consider method of delivery (Misuse of Drugs Amendment Act 1978, section 12 refers):

 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.

Question 21

delivery situations to consider

Answer 21

If delivery is to a PO Box, Consider:
 an opening device and camera on the box.

If the addressee is not at the delivery address, Consider:
 leaving the package in letter box or at the door
 attempting delivery at a later time
 leaving a “Card to Call” and wait for contact from the addressee.

If the 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 the 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 the target goes mobile without the 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.

Question 22

Emergency drug powers

Answer 22

Emergency powers for entering and searching addresses and searching people in relation to offences against the Misuse of Drugs Act 1975 are contained in sections 19 to 24 of the Search and Surveillance Act 2012.

Emergency powers of entry, search and seizure relating specifically to controlled deliveries are contained within section 81 of the Search and Surveillance Act 2012.

Question 23

Power to stop a vehicle

Answer 23

In the event the package or item involved in the controlled delivery operation is in a vehicle and you need to stop the vehicle to recover the package you need to be aware of your power to stop a vehicle to exercise a statutory power of search pursuant to section 121 of the Search and Surveillance Act 2012.

A search warrant should be obtained for the vehicle, however if it is impracticable to do so then you can use section 81 of the Search and Surveillance Act 2012, to execute a power of search. Remember to record your decision log in your notebook.

Question 24

Suspect at large power

Answer 24

If a suspect from a controlled delivery is in a vehicle which no longer contains the parcel containing the drugs and you want to arrest them you should use the power to stop the vehicle contained in section 9 of the Search and Surveillance Act 2012. This section allows you to stop a vehicle for the purpose of arresting an occupant of that vehicle.

Question 25

Tracking devices categories

Answer 25

Tracking devices fall into two main categories. Firstly, it encompasses a device that can be used to help ascertain the location of a person or thing, whether or not it is installed in or on the thing being tracked or in the possession of a person being tracked. It includes, for example, the use of technology to determine the whereabouts of a person through his or her cellphone when it is turned on, or the use of a thermal imaging device from the air to track the movements of a person on the ground.

Secondly, it encompasses a device used for detecting whether a thing has been handled, although under s 46(1)(b) of the Search and Surveillance Act 2012, the use of a device for this purpose requires a warrant only when its installation involves a trespass on land or trespass to goods

Question 26

Why you should notify TSU early

Answer 26

Early notification to the TSU, through their district supervisor, is essential to:
 discuss operational requirements to ensure the correct device is used
 allow for a secure installation within what are often tight timeframes
 ensure that equipment and TSU staff are available for the installation
 ensure that TSU staff are available to assist in the tracking and monitoring of the device and that they are aware of all operational requirements and plans
 obtain a surveillance device warrant (tracking) if time permits and it is believed that the tracking device cannot be retrieved within 48 hours.

Question 27

Audio device installation

Answer 27

If the installation of an audio device is required in the ‘delivery’, be aware of the following matters:
 A surveillance device warrant is required where an interception device will be used to intercept a private communication
 By law, the installation of the audio device can only be done by Police members and the role will be designated to the Police TSU.
 The audio device must be monitored, even while it is mobile. Discuss this requirement early with the TSU.
 Allow sufficient time for the secure installation of the device. The length of time required will usually depend on the type and size of the ‘delivery’ and the type of device that is believed will meet operational requirements.
 For audio device installations of this nature, involving TSU early will result in the earliest release of the package for delivery.

Question 28

Legal authority to install tracking devices

Answer 28

The legal authority to install tracking devices is contained in the Search and Surveillance Act 2012 (refer sections 45 to 64 of this Act).

Section 46 of the Search and Surveillance Act 2012 requires a surveillance device warrant to be obtained in a number of circumstances including for the:
 “(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:”
 “(d) use of a surveillance device that involves trespass to land or trespass to goods”. (The term “surveillance device” includes a tracking device).

Question 29

using a Surveillance device in situations of Emergency or Urgency

Answer 29

Note that in some situations of emergency or urgency, an enforcement officer may use a surveillance device (defined as an interception device, a tracking device or a visual surveillance device) for up to 48 hours without obtaining a surveillance device warrant if entitled to apply for such warrant but obtaining it within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances (section 48, Search and Surveillance Act 2012 - Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency)

The situations of emergency or urgency are contained in section 48(2). Section (e) specifically relates to controlled drugs and controlled deliveries

Question 30

Internal search and internal concealment legislation

Answer 30

The legislation relating to internal searches is outlined in section 23 of the Search and Surveillance Act 2012. This only applies to a person under arrest pursuant to sections 6, 7 or 11, of the Misuse of drugs Act 1975, and relates to Class A, B and C controlled drugs.

The legislation for dealing with people who are believed to be internally concealing drugs is outlined in s13A of the Misuse of Drugs Amendment Act 1978. This applies to a person who you have reasonable cause to believe is concealing Class A or B controlled drugs only but who is not under arrest.