Controlled Deliveries etc Flashcards
What is a controlled delivery?
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.
Powers involved in controlled deliveries
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.
Opportunities for controlled delivery
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.
Methods of Importation
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
Two options with controlled deliveries
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.
Suitability of each method of controlled deliveries
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.
Steps for controlled deliveries
- Assume ownership and leadership of the investigation and appoint the roles
- Liaise early with Customs O/C Exhibits and where appropriate take control.
- Consider whether to conduct an electronic interception as part of the controlled delivery.
- Request Customs to manipulate the ‘Track and Trace’ system if the parcel is in a track and trace system.
- Contact the following services as early as possible:
Surveillance Squad
Photography Section
Crime Monitoring Centre (CMC) – if applicable
Technical Support Unit (TSU) – if applicable. - Start planning the operation, developing operation orders and rostering staff to cover the duration of the controlled delivery operation.
Intel Phase:
Profile the package by considering the sender details, in particular:
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.
Intel Phase:
Profile the delivery address by considering:
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).
Intel Phase:
Profile the addressee
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.
Observation Post details
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.
Section 46 Search and Surveillance Act 2012
“(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.”
Profiling a potential OP address
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.
Profiling the occupants of OP address
You must also profile the occupants by considering:
NIA check for convictions, associations
employment
credit checks
power account
CUSMOD checks.
Things to consider when approaching occupants of OP address
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.
Repacking controlled delivery packages
- 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).
- 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).
- Leave appropriate quantity of controlled drugs in the package but replace the rest with a placebo or similar substance.
- Photograph the package, layer by layer, and:
use scale rule
use photo labels.
Search Warrants are issued for?
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.
Search for evidence relating to the importation
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.
Electronic interception information required
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.
Method of delivery of drugs
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.
delivery situations to consider
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.
Emergency drug powers
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.
Power to stop a vehicle
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.
Suspect at large power
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.
Tracking devices categories
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
Why you should notify TSU early
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.
Audio device installation
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.
Legal authority to install tracking devices
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).
using a Surveillance device in situations of Emergency or Urgency
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
Internal search and internal concealment legislation
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.
