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CIB 011 - Drug Offences - 09/21 - NHDJ27 > Controlled Deliveries, Tracking Devices, Internal Search and Internal Concealment > Flashcards

Controlled Deliveries, Tracking Devices, Internal Search and Internal Concealment Flashcards

1
Q

What is a controlled delivery?

A

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.

This is to help identify and secure evidence against those involved for the importation/exportation.

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2
Q

Who is allowed to undertake controlled deliveries?

A

Only Customs officers under S12 of the MODAA 1978.

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3
Q

What SSA powers are available in relation to controlled deliveries?

A

S12 - Allowing delivery of unlawfully imported drugs for purpose of detection.

S81 - Searches of persons, places, and vehicles relating to deliveries under S12 of MODA.

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4
Q

What are some methods of importation?

A
  • International Mail Centre - Inside a mail article
  • International Airport - Arriving couriers using either body packing, internal concealment or concealed within luggage
  • Imported Air Freight - Within a freight consignment which can either be commercial or private
  • Imported Sea Freight - As with air freight but arrive via sea
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5
Q

What are the two options with controlled deliveries and what are the options with regards to prosecution?

A

Clean controlled delivery - no drugs are left within the consignment - importation or conspiracy charges.

Leave an amount of the drug within the consignment - possession for supply. This also provides the availability of emergency powers should the drugs move to persons or places that are not covered by SWs.

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6
Q

What is the initial action phase of a controlled delivery?

A
  • Assume ownership and appoint key roles
  • Liaise with Customs
    Consider electronic interception
  • Request Customs to manipulate ‘Track n Trace’
  • Contact specialists
    Plan operation
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7
Q

To conduct an electronic interception as part of a controlled delivery, what offences must apply?

A

It must be a controlled drug offence under S6 of MODA ‘75 or an identified offence pursuant to PSA 2013.

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8
Q

What roles would be appointed during the initial action phase?

A
  • O/C Investigation
  • O/C File
  • O/C Exhibits
  • O/C Phones
  • Customs liaison officer
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9
Q

What services and squads should be contacted as early as possible during the initial action phase?

A

Surveillance/Photography/CMC/TSU.

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10
Q

Profile the package by considering the sender details, in particular …

(hint: phone number)

A
  • Any phone number attached to the package
  • IMEI/SIM information
  • Telecommunications service providers portability of cell phones
  • DNA/fingerprinting/handwriting.
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11
Q

Profile the delivery address by considering …

(Hint: occupants …)

A
  • Occupants
  • Local council - owner / rate payer details
  • Council plans of street and target premises
  • HNZ
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12
Q

Profile the addressee by considering …

(Hint: previous occupiers)

A
  • Previous occupiers
  • Real person or false name?
  • Connections to the delivery address
  • Relevant convictions, notings, and associations.
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13
Q

What are some things to consider for an observation post?

(Hint: Camera OP requirements …)

A
  • Camera OP requirements vs intercept requirements (Forward Base)
  • Whether a SDW is required
  • The staff having to occupy the OP.
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14
Q

S46 details activities for which a SDW is required. What activities under S46 (c), (d), or (e) would require a SDW?

A

46(c): Observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device.

46(d): Use of a surveillance device that involves trespass to land or trespass to goods.

46(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.

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15
Q

What are some things to consider when profiling a potential address to set up an OP?

A
  • Proximity to target address
  • Unobstructed line of sight to target address
  • Access to and from address without arousing suspicion
  • Phone lines available in the street
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16
Q

What are some things to consider when profiling the occupants of your OP?

A
  • NIA check for convictions, associations
  • Employment
  • Credit checks
  • Power account
17
Q

What are some things to consider when approaching occupants?

A
  • Cover story
  • Protection of identity
  • Room available with 24hr access
  • Preferably no children
18
Q

Under S6, what could a SW be issued to ‘search’?

A
  • Known addresses
  • Vehicles
  • Post office boxes
  • Cell phones (including text messaging) and call data.
19
Q

What are the steps to repack a controlled delivery package?

A

1`. Liaise with the Customs Technical Unit (CTU).

  1. Consider your options for repacking like:
  • multiple packages;
  • tracking device;
  • audio device;
  • opening device;
  • dye trap;
  • covert marking of commodity.
  1. 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)
  2. Leave appropriate quantity of controlled drugs in the package but replace the rest with a placebo or a similar substance
  3. Photograph the package, layer by layer, and:
  • use the scale rule;
  • use photo labels.
20
Q

During the execution of your SW, what evidence would you look for?

A
  • Track and trace receipts
  • Correspondence
  • Computers, faxes and cell phones
  • Emails
21
Q

Detail the delivery phase and the different considerations that should be assessed.

A

Delivery - the emphasis is on communication

Method of delivery - consider method of delivery including:

  • 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

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
  • Crunch cars to keep back and let Surveillance relay the target’s activities
  • Need for repeaters to ensure no loss of communcations

Written log: Headquarters base should always maintain a written log of all action undertaken during this phase.

22
Q

What emergency power could you use to stop a vehicle / search a person during a controlled delivery operation?

A

S121 SSA.

S81 SSA to search a person.

23
Q

If a suspect from a controlled delivery is in a vehicle which no longer contains the parcel containing the drugs, what stopping power could you use to stop the vehicle?

A

S9 - Stopping power for the purpose of arresting an occupant of that vehicle:

A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds -

(a) to suspect that a person - (i) is unlawfully at large; or (ii) has committed an offence punishable by imprisonment; and
(b) to believe that the person is in or on the vehicle.

24
Q

Time Limit to remove Tracking Device Installed Without Warrant

A

72hrs

25
Q

Protection of Informers and Owners/Occupiers of Premises used for Surveillance

Case law

R v Rankine

A

R v Rankine

It is in the public interest that nothing should be done to discourage members of the public from coming forward to provide information to the police.

26
Q

Emergency powers for controlled deliveries - s81 S&S 2012

A

Section 81, Search and surveillance act 2012:

What can you do?

During the course of a delivery under S12 w/out warrant …

A Constable or Customs Officer can:

  • Search a person involved in a delivery under S12 of MODAA ‘78
  • Enter and search any place, craft, or vehicle
  • Seize anything if RGTB: (a). CD (b). PS (c ). a package that has had its drug contents replaced (d). EM under 6(1)(a) or 12AB of MODA
27
Q

Power to stop the vehicle

A

Section 121, search and surveillance act 2012

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

28
Q

Suspect at large

A

Section 9, search and surveillance act 2012

If a suspect from the controlled 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

29
Q

Tracking devices fall into two main categories – first category

A

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 it is turned on, or the use of a thermal imaging device from the air to track the movement of a person on the ground

30
Q

Tracking devices fall into two main categories – second category

A

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 to land or trespass to goods

31
Q

Tracking device types

A

Generally two types:

– beacon type device

– GPS devices

32
Q

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

A

– 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 with 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

33
Q

If audio device installation is required in the delivery, be aware of the following matters …

A
  • 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.
  • 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 when it’s mobile.
34
Q

Legal authority to install tracking devices

A

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

35
Q

Internal search and internal concealment – powers to search - acts and sections

A
  • Section 23 of the search and surveillance act 2012
  • section 13A of the misuse of drugs Amendment act 1978
36
Q

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

A

– 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

37
Q

Internal concealment:

Sections 23 and 24, search and surveillance act 2012

A

S23 - Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975

  • Standard of proof: = person must be under arrest for - 6, 7 or 11 of MODA ‘75.

RGTB - person has within body 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 may be evidence

– Only a Constable may request

– Request made to the suspect: to permit medical practitioner to conduct an internal examination

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

S24 -** **Effect of not permitting internal search under section 23 on bail application

– 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

CIB 011 - Drug Offences - 09/21 - NHDJ27 (12 decks)

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