Controlled Deliveries / Tracking Device 2

Question 1

If the addressee is not at delivery address consider…

Answer 1

– Leaving the package in the letterbox or at the door

– Attempt delivery at a later time

– leaving a “card to call” and wait for contact from the addressee

Question 2

If the addressee accept the package consider..

Answer 2

– deciding on length of time to hold cordons

– Monitoring audio/tamper devices and crunch when package is opened

– Other operational commitments

– staff/ resources

Question 3

If package goes mobile consider…

Answer 3

– Control, communication and risk

– Crunch cars to keep back and let surveillance relay the targets activities

– Need for repeaters to ensure no loss of communication (temporary repeaters are available)

– Proximately of tracking/monitoring vehicle to target; Close enough to get in range, far enough back to avoid being observed

Question 4

Target goes mobile without package or vice versa consider…

Answer 4

Consider:

– control, Communication and risk

– Keeping observation on package location at all times to avoid loss of evidence/equipment

– splitting resources and surveilling both

Question 5

Emergency powers for controlled deliveries - s81 S&S 2012

Answer 5

Section 81, Search and surveillance act 2012

(1) In the circumstances set out in subsection (2), a constable or a Customs officer may, during the course of a delivery in relation to which a Customs officer has exercised his or her powers under section 12 of the Misuse of Drugs Amendment Act 1978, do any or all of the following without a warrant:
(a) search a person involved in a delivery under section 12 of the Misuse of Drugs Amendment Act 1978:
(b) enter and search any place, craft, or vehicle:
(c) seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2).
(2) The circumstances are that the constable or the Customs officer has reasonable grounds to believe that the person is in possession of, or the place, craft, or vehicle contains, any 1 or more of the following:
(a) a controlled drug:
(b) a precursor substance:
(c) a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or precursor substance:
(d) evidential material in relation to the commission of an offence under section 6(1)(a) or 12AB of the Misuse of Drugs Act 1975.

Question 6

Power to stop the vehicle

Answer 6

Section 121, search and surveillance act 2012

In the event the package or item involved in the control delivery operation is in the vehicle and you need to stop the vehicle to cover the package, section 121 gives the power to stop a vehicle to exercise the statutory power of search.

Question 7

Suspect at large

Answer 7

Section 9, search and surveillance act 2012

If a suspect from the control delivery is in the vehicle which no longer contains the parcel containing the drugs, section 9 allows you to stop the vehicle for the purpose of arresting an occupant of the vehicle

Question 8

Tracking devices fall into two main categories – first category

Answer 8

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.

For example, the use of technology to determine the whereabouts of a person through his or her cell phone when is turned on, or the use of a thermal imaging device from the air to track the movement of a person on the ground

Question 9

Tracking devices fall into two main categories – second category

Answer 9

A device to use for detecting whether a thing with has been handled, although under section 46 of the search and surveillance act 2012, the use of a device for this purpose requires a warrant only when it’s installation involves a trespass on land or trespass to goods

Question 10

Tracking device types

Answer 10

Generally two types:

– beacon type device

– GPS devices

Question 11

Early notification to TSU through the district supervisor is essential to…

Answer 11

– Allow for a secure installation within what are often tight timeframes

– Discuss operational requirements to ensure the correct device is used

– Ensure that TSU staff are available to assist and the tracking and monitoring of the device and that they are aware of all operational requirements and plans

– Ensure that equipment and TSU staff are available for the installation

– Obtain a tracking warrant if time permits and it is believed that the tracking device cannot be retrieved within 72 hours

Question 12

If Audio device installation is required in the delivery, be aware of the following matters..

Answer 12

– A Surveillance device warrant is required when an interception device will be used to intercept a private communication

– 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 operation requirements

– 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

– for audio device installations of this nature, involving TSU early will result in the easiest release of the package for delivery

– The audio device must be monitored, even when it’s mobile. Discussed this requirement early with the TSU

Question 13

Tracking devices and evidence in court

Answer 13

Despite the legal authority provided to install tracking devices, no evidence on the use of them by the police in New Zealand has been provided to a court hearing. While GPS tracking technology maybe widely known, the fact that it is used by the police is not. The successful use of this investigative tool in the future may rely on this

Question 14

Legal authority to install tracking devices

Answer 14

Section 46, search and surveillance act 2012

In relation to tracking devices The following activities must obtain a surveillance device warrant:

(b) use of a tracking device, except when 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 good
(d) use of a surveillance device that involves Trespass to land or Trespass to goods

Question 15

Internal search and internal concealment – powers to search

Answer 15

• Section 23 of the search and surveillance act 2012

- section 13A of the misuse of drugs Amendment act 1978

Question 16

Internal concealment –Section 13A, misuse of drugs amendment act 1978

Answer 16

– Standard of proof is reasonable cause to believe (and not arrested)

– The class of drugs must be class A or B

– Can only search for class A or B drugs secreted for unlawful purposes

– Any constable or customs officer can request

– The request is heard by district court judge for a detention warrant

– Type of medical practitioner: medical practitioner approved by the Commissioner of police or chief executive of customs

– The detention time limit: 7 days, renewable and period of 7 days to maximum of 21 days

Question 17

Internal concealment -section 23, search and surveillance act 2012

Answer 17

• Standard of proof is that the person must be under arrest for an offence against section 6, 7 or 11 of misuse of drugs act. Constable must have reasonable grounds to believe person has secreted within body any property that may be evidence of the offence with which person is charged or other offence against section 6, 7, or 11 misuse of drugs act (s23(2)(b))
• any class of drug Arrestable under sections 6, 7, 11 (I.e A, B, or C)

– Search for class A, B, or C and any property that maybe evidence of offence for which is charged, or property of which possession constitutes offence against section 6, 7, or 11

– Only a constable my request

– Request made to the suspect to permit medical practitioner to conduct in terminal examination

– Type of medical practitioner: nominated for the purpose by the constable

– The detention time limit: suspect to fail to permit examination and court satisfied that requirement for internal examination properly made on the grounds. Then court may decline to consider bail application and order continued detention in police custody until the earlier of two days after the day on which internal examination was required or the person permits the examination to occur