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CIB DRUGS 011 > Controlled Deliveries/ Powers > Flashcards

Controlled Deliveries/ Powers Flashcards

1
Q

Controlled Delivery

A

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 with a view to identify and secure evidence against those involved for the importation/exportation.

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2
Q

Power to undertake a controlled delivery

A

S.12 MODA 1975.

  • Customs Officers only (Police assist with operation. Arrest and prosecution).
  • Allows the delivery of unlawfully imported drugs (or precursor substances) foe the purpose of detention ETC.
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3
Q

Power to search re controlled delivery

A

S.81 Search and Surveillance 2012.

- Search of person/place/vehicles relating to the delivery under S.12 MODA

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4
Q

Methods of importation

A

International mail - Inside mail article (parcels/letters)
International airport - Arrivals at airport either body packaging, internal concealment or concealed within luggage
Imported air freight - Within a freight consignment which can either be commercial or private

Imported sea freight - Like air but sea
Transhipped air or sea freight - Transitioning through NZ with final destination in another country
Arriving commercial vessel - Hidden onboard or attached to a vessel that is either unloading or picking up cargo from NZ before continuing onto another country

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5
Q

Two types of controlled deliveries

A
  1. Clean controlled delivery

2. Leave an amount of the drug within the consignment

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6
Q

Clean control delivery

A
  • No drugs are left within the consignment (eliminates risk of drugs being lost)
  • Greater freeman in organising the surveillance of the consignment.
  • Reduces risk of alarming the target
  • Only importing/conspiracy charges likely to be filed.

Preferred options however sometimes the concealment or size of consignment can make removal and substitution impossible.

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7
Q

Leave an amount of the drug within consignment

A
  • Enable option to charge with possession for supply
  • Greater availability of emergency powers if drugs move to different person or place that isn’t covered in the SW.
  • The remainder of the drugs are substituted.
  • Greater security required and recovery on termination is paramount.

Sometimes seizure will need to be done at a premature stage to avoid losing the control of consignment

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8
Q

Initial action phases

A
  1. Assume ownership and appoint roles.
  2. Liase early with Customs O/C Exhibits and where appropriate take control.
  3. Consider whether to conduct electronic interception as part of the controlled delivery
  4. Request Customs to manipulate the track and trace system
  5. Contact specialist squads (photography, surveillance, Crime mounting centre CMC, Technical support unit TSU
  6. Plan operation, operation orders, rosters
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9
Q

Intel phase

A
  • Profile package for sender details (phone numbers, IMEI, SIMS, telecommunication, DNA, fingerprints, handwriting)
  • Profile delivery address (occupants, local council re ownership/rates, council street and house plans, rubbish delivery, Housing NZ, phone/gas, neighbours, landlords, previous Police attendance, bank accounts, travel history, photos, general lifestyle)
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10
Q

OP - Observation Point

A

Ideal - Staff friends or family, ora dress based on location/proximity to target
Consider camera OP requirements, if SDW required, staff to occupy OP.
Unobstructed line of sight, access to and form without arousing suspicion, tap into telco and phone lines, parking, schools, animals.
Profile occupants (NIA, employment credit checks, power account)
Cover story, protection of ID, room with 24hr access, no visitors to address, no children

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11
Q

Reintroducing package into delivery system

A
  1. Liase with Customs technical support
  2. Repacking (tracking/audio/opening device)
  3. Recreating package
  4. Leave some drug and replace rest with placebo
  5. Photograph package
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12
Q

Evidence to look for during SW

A
  • Track/Trace receipts
  • Correspondance
  • Computers, cell phones
  • Emails
  • Contact lists
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13
Q

Delivery phase

A

Emphasis on control and risk management and communication

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14
Q

Method of entry

A

Re-introduce into postal system for delivery by postie
Delivery by courier company
Police/Customs pose as postie/courier
Consider recording interaction

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15
Q

PO Box considerations

A

Consider an opening device and camera on box

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16
Q

If no one is at delivery address

A

Consider:

  • Leaving package in letterbox or door
  • Attempting to delivery at later date
  • Leave a card to call and wait for contact

If the package is delivered to a house but isn’t received due to the person no longer living there, importation has ended as its reached its immediate destination and has ceased to be under the control of appropriate authorities

17
Q

If the addressee accepts package

A

Consider:

  • Monitoring audio/tamper divide and crunch when package opened
  • Deciding on length of time to hold cordon
  • Staff resources
  • Other operational commitments
18
Q

If the package goes mobile

A

Consider:

  • Control, communication and risk
  • Proximity of tracking/monitoring vehicle to target
  • Crunch cars to keep me and let surveillance relay the targets activities
  • Need for repeaters to ensure no loss of communication
19
Q

If target goes mobile with our package

A

Consider:

  • Control, communication and risk
  • Splitting resources and surveilling both
  • Keeping observation on package location at all times to avoid loss of evidence/equipment
20
Q

S121 Search and Surveillance 2012

A

Power to stop vehicle to recover the package.

Once stopped either executed SW or if not practical then search under S81.

21
Q

Section 9 Search and Surveillance 2012

A

Stop vehicle for purpose of arresting occupant in that vehicle.
E.g. Suspect in a vehicle no longer with the package but you want to arrest them

22
Q

Section 19 Search and Surveillance

A

Search person found in or on place or vehicle in relation to SW.

23
Q

Section 20 Search and Surveillance 2012

A

Enter and search place or vehicle
Suspect offence is being, has been or will be committed
Believe entry and search required to obtained EM and if not done immediately CADD

24
Q

Section 21 Search and Surveillance 2012

A

If entry and search under 20, can use 21 to search person found in or on place or vehicle

25
Q

Section 22 Search and Surveillance

A

Search of person.
Believe in possession
Suspect offence against MODA will be, is being, about to be committed

26
Q

Section 23 Search and Surveillance 2012

A 
Internal search of person after arrested. If believe concealing drugs internally. Must be under arrest for 6,7 or 11  (class A, B or C). 
Request must be made by a Constable
27
Q

Section 48 Search and Surveillance 2012

A

Emergency or urgency can use interception, tracking and visual device

  • Use up to 48hrs
  • If impracticable in circumstances to obtain warrant

Suspect offence has been, is being or about to be committed in relation to CD
and
Believe the use of a SDW
Believe in possession of 1 or more thing from 81(2(a) to d and believe that the use of SDW is necessary to facilitate the things seizure

28
Q

Section 13A MODA 1975

A

Believe concealing class A or B but not under arrest.

  • Must be class A or B.
  • Applies to a person who you have reasonable cause to believe is concealing class A or B controlled drug who is not under arrest.

CIB DRUGS 011 (7 decks)

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