Controlled Deliveries / Tracking Device 1 Flashcards
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 identify and secure evidence against those involved for the importation/exportation
Methods of importation
Arriving commercial vessel – hidden on-board or attached to a vessel that is either unloading or picking up Cargo from New Zealand before continuing on to another country
Imported airfreight – within a freight consignment which can be either commercial or private
Imported seafreight – as with airfreight arrives via sea
International mail Centre – Inside a mail article
International airport – arriving courier using either body packaging, internal concealment or concealed within luggage
Transhipped air or seafreight – Transiting through New Zealand with a final destination in another country
Powers involved in controlled deliveries
Section 12, misuse of drugs Amendment act 1978 - Allowing the delivery of unlawfully imported drugs or precursor substances for purposes of detection etc
This power is vested in a customs officer only.
Section 81, search and surveillance act 2012 – search of persons, places, and vehicles relating to deliveries under section 12 of misuse of drugs Amendment act 1978
Two options with controlled deliveries – option one
A clean controlled delivery. No drugs are left with the consignment. This eliminates any risk of drugs being lost but also gives greater freedom in organising the surveillance of the consignment and reduces the risk of alarm in the targets who may have arranged counter-surveillance. However, at the termination of the operation only importation and/or conspiracy charges a likely to be filed on those apprehended
Two options with controlled deliveries – option two
Leave an amount of a drug within the consignment to enable the option of charging the offender with a “possession for supply” charge and also provides the availability of emergency powers should the drugs move to person or places that are not covered by search warrants. The reminder of the drugs are substituted. Consequently any consignment with drugs still within it requires greater security, and recovery on termination is paramount.
Initial action phase of control delivery
- Assume ownership and leadership of the investigation and appoint the following roles:
- O/C investigation
- O/C file
- O/C exhibits
- O/C phones/interception (if available)
- customs liaison officer - Liaise early with customs O/C exhibits and where appropriate take control
Provide guidance and direction over handling practices as well as numbering, labelling, photographing, analysis, Unpacking and repacking.
Many customs offices are very experienced in this area and the able to complete this task without being supervised. However, as the lead investigation agency the overall responsibility to ensure that the step is done correctly rest with the police. If exhibits are mishandled they could be ruled inadmissible in court, which may jeopardise the whole prosecution
- Consider whether to conduct an electronic interception as part of the controlled delivery (only if class A or B controlled drug, or a cannabis offence under section 6 of the misuse drugs act 1975)
- Request customs to manipulate the track and trace system if the parcel is in a track and trace system - done so that the person who is expecting the package does not become aware that custom has had involvement with the parcel.
- Contact the following services as early as possible:
- crime monitoring Centre (only required if conducting electronic interception)
- photography section
- surveillance squad
- technical support unit (TSU). Customs often have and use their own technical unit (CTU), but Police TSU may also be required if CTU is unavailable or they may be required to work together to provide necessary coverage) - Start planning your operation, developing operation orders and rostering staff to cover the duration of the controlled delivery operation. Once A controlled delivery operation had started, there has to be 24 hour coverage so rostering is particularly important as it has potential to run for several days, weeks or more.
3 stages of Intel phase
– Profile the package by considering the senders details
– Profile the delivery address
- profile the addressee
Profile the package
profile the package by considering the senders details in particular:
– Any phone numbers attached to the package or accompanying documentation
–DNA/fingerprinting/handwriting/impressions/mechanical fit
– IMEI/ SIM information undertaken at early stage (call data)
– Multiple packages, including dummy runs to target address or associated addresses
– Telecommunications service provider portability of cell phones
Profile the delivery Address
profile the delivery address by considering:
– CHIS for historical information or whom to be task
– Council plans of Street and target premises including aerial
– Customs Powers versus police powers for obtaining information expediently
– Electricity/gas suppliers to addressing
– Fixed or mobile surveillance
– Housing New Zealand
– Landlord/owner of property
– local council; owner/rate payers details
– Mailstop/flag address to capture further deliveries
– Obtain PO box holder details
– Occupants
– Photographs/video of premises
– Police staff who have previously visited premises
– Previous occupants and neighbours
– Rubbish delivery date/time
– Security including locks, alarms, camera/video surveillance and animals
– Suspect may be monitoring/surveilling the delivery address
– Telecommunications service providers
– Timing of mail address
- Task Customs to back-capture deliveries to the address via CUSMOD and also consider other agencies holding intelligence (Fisheries, Immigration, Internal Affairs)
Profile the addressee
Consider:
– Bank accounts; large deposits, overseas transfers
– Business associates
– Connection to delivery address
– Family members/associates/vehicles/addresses and places frequented
– Financial profile
– Full identification of target if possible
– General life style; sports and other interests
– Other agency intelligence held; fisheries, customs, immigration, internal affairs etc
– Photographs; casual/formal/surveillance
– Police intelligence held; in NIA, previous investigations, MO section, IMP, arresting officers
– Previous occupiers
– Real person or false name
– Relevant convictions/notings/associations
– Risk assessment; firearms required
– Suspects knowledge surrounding covert enforcement techniques
– Suspects knowledge/skills surrounding technology; phones, faxes, computers etc
– Suspects travel history including passport holdings
– Tracking devices for vehicles; Variety of options
– Travel/connections to country of origin
Setting up a Observation post
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 potential address based on location/proximity to target
Observation post considerations
Consider:
– Camera OP requirements versus intercept requirements (forward base)
– whether surveillance device warrant required under the search and surveillance act 2012
– staff having to occupy the OP
Profiling a potential OP address
When you have identified a suitable address, you must profile it by considering:
– access to and from address without arousing suspicion (consider equipment and staff that will need to discreetly enter and leave the address)
– Ability to beam signals and/or tap into to Telecom cables (video and audio interception)
– other conditions relating to the vicinity of the OP, e.g. parking, schools, other neighbourhood activities, lighting and animals
– Phone lines available in Street
– Proximity to target the dress. Close enough to be effective, far enough away to be unobtrusive
– Unobstructed line of sight to target address
Profiling the occupants of OP address
You must also profiled occupants by considering:
– Credit checks
– CUSMOD checks
– Employment
– NIA checks for convictions, associations
– Power account
Things to consider when approaching occupants of OP address
When your profile 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
