Controlled Deliveries, Tracking Devices, Internal Search and Concealment Flashcards
What is a controlled delivery?
Occurs when a consignment of illicit drugs is detected in circumstances making it possible for the delivery of those goods to be made under the control and surveillance of NZ Customs and Police.
Powers involved in controlled deliveries
s12 of the Misuse of Drugs Amendment Act 1978, to a Customs officer only. Allowing delivery of unlawfully imported drugs for the purpose of detection etc
Section 81 S&S: searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978.
Opportunities for a controlled delivery?
- goods moving unaccompanied in freight consignments
- unaccompanied baggage
- unaccompanied vehicles
- internal postal items
Methods of importantation for controlled deliveries?
- Internal mail centre: inside a mail article
- Internal Airport: arriving courier using either body packaging, internal concealment, concealed in luggage
- imported air freight: within a commercial or private freight consignment
- imported sea freight: as with 3, but sea
- transhipped air or sea freight: transiting through NZ, final destination another country
- arriving commercial vessel: hidden on or attached to a vessel
Two options with/types of controlled deliveries:
- clean controlled delivery: no drugs are left within the consignment. Eliminates risk of drugs being lost, but only importation or conspiracy charges are likely to result.
- leave amount of drug within the consignment. Enables a possession for supply charge, and provides availability of emergency powers. recovery of remaining drugs on execution is paramount.
Initial action phase/procedure for controlled deliveries?
6 pts
- Assume ownership and leadership of investigation, appoint roles
- Liaise with customs and O/C exhibits
- consider whether to conduct an electronic interception
- Request customs to manipulate the ‘track and trace’ system (if the parcel is in a track and trace system
- Contact appropriate squads (photography, surveillance, CMC, TSU)
- Start planning the operation.
What tasks should be completed during the Intel phase?
8 pts
- Profile the package
- Profile the delivery address
- Profile the addressee
- Identify an Observation Post
- Consider whether a surveillance device warrant is needed
- Profile the potential OP address
- Profile the occupants
- Approach the occupants.
Re-packaging controlled delivery packages, 5 steps:
- Liaise with customs technical unit
- Consider options for repackaging (tracking device, audio device etc)
- Consider seeking advice from the document examiner
- Leave appropriate quantity of controlled drugs in package but replace rest with placebo
- Photograph package layer by layer
s 6 of the S & S Act?
Section that search warrants are issued under, for:
- known addresses
- vehicles
- post office boxes
- cell phones and call data.
What is emphasised in the delivery phase of controlled deliveries?
control and risk management, with communication being the key element in obtaining a successful outcome.
unsure 24hr staff coverage
staff with forward OP
deploy appropriate teams eg TSU, Customs Drug Investigation Unit
During the delivery phase of a controlled delivery, what are the four methods of delivery?
- re-introduce into postal system for delivery by postie
- delivery by courier company
- police/customs staff pose as postie
- consider recording the interaction
During the delivery phase of a controlled delivery, if delivery is to a PO box, consider:
an opening device and camera on the box.
During the delivery phase of a controlled delivery, if the addressee is not at the delivery address, consider:
- leaving the package in a letter box or at the door
- attempting delivery at a later time
- leaving a “card to call”
During the delivery phase of a controlled delivery, if the addressee accepts the package, consider:
- monitoring audio/tamper devices and crunch when the package is opened
- deciding on length of time to hold cordons
- staff/resources
- other operational commitments.
During the delivery phase of a controlled delivery, if the package goes mobile, consider:
- control, communication, and risk
- proximity of tracking/monitoring vehicles to target
- crunch cars to keep back and let surveillance relay targets activities
- need for repeaters
During the delivery phase of a controlled delivery, if the target goes mobile without the package, consider:
- control, communication, and risk
- splitting resources and surveilling both
- keeping observation on package at all times to avoid loss of evidence/equiptment
Section 81 S & S Act?
Emergency power of entry, search, and seizure relating specifically to controlled deliveries.
Section 121 S & S Act?
Power to stop a vehicle in order to exercise a statutory search power of search
Section 9 S & S Act?
Power to stop a vehicle in order to arrest an occupant of that vehicle
If the installation of an audio device is required in the ‘delivery’, what must you be aware of?
- surveillance device warrant is required
- installation of an audio device can only be done by Police members
- audio device must be monitored
- allow sufficient time for secure installation of device
- involve TSU early.
What is the legal authority to install tracking devices?
Sections 45 - 64 of S&S Act 2012.
s46 requires a surveillance device warrant to be obtained in number of circumstance:
- use of a tracking device
- use of a surveillance device that involves trespass to land or goods
Section 48 f the S&S Act 2012?
in situations of urgency or emergency, an enforcement officer may use a surveillance device for up to 48hours without obtaining a surveillance device warrant
must be entitled to apply, and must be impracticable to do so
Legislation relating to internal searches is outlined where?
Section 23 of the S&S Act 2021.
Only applies to persons under arrest pursuant to sections 6, 7, or 11 of the MODA75 and applies to Class A and Class B
Legislation relating to internal concealment?
S13A of MODA applies to persons RGTB is concealing Class A or B drugs but not under arrest
