Controlled Deliveries, Tracking Devices, Internal Search and Internal Concealment Flashcards
What are the Powers involved in Controlled Deliveries?
The Powers are:
* Section 12 – Allowing delivery of unlawfully imported drugs [[or precursor substances]] for purpose of detection, etc, Misuse of Drugs Amendment Act 1978.
* Section 81 – Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978, Search and Surveillance Act 2012.
What is a 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 identifying and securing evidence against those involved for the importation/exportation.
When is the best Opportunities for controlled delivery?
The best opportunities occur when Customs staff detect drugs concealed in consignments of goods that are moving unaccompanied in freight consignments, unaccompanied baggage and unaccompanied motor vehicles and in international postal items.
What are methods of importation?
- International Mail Centre - Inside a mail article
- International Airport - Arriving courier using either body packing, internal concealment or concealed within luggage
- Imported air freight - Within a freight consignment which can be either commercial or private
- Imported sea freight - As with air freight but arrive via sea
- Transhipped air or sea freight - Transiting through New Zealand with a final destination in another country
- Arriving commercial vessel - Hidden on board or attached to a vessel that is either unloading or picking up cargo from New Zealand before continuing onto another country
Discuss the Two Options with Controlled deliveries
A Clean Controlled Delivery is where no drugs are used, eliminating the risk of drugs being lost. Surveillance can be arranged on the consignment reducing risk of alarming targets who may have counter surveillance. However only Importation and or Conspiracy charges can be filed.
Leave an amount of the drug within the consignment to enable the option of charging an offender with a “possession for supply” charge and also provides the availability of emergency powers should the drugs move to persons or places that are not covered by search warrants. The remainder of the drugs are substituted. Consequently any consignment with drugs still in it requires greater security, and recovery on termination is paramount.
Discuss the Suitability of each method
Although a clean controlled delivery is sometimes preferable, the nature of the concealment or the size of consignment can sometimes make the removal and substitution of the drugs impossible. In such cases, while a controlled delivery may still be attempted, it must be against the background of even closer surveillance and control, even at the risk of alarming the organisers. In such cases, the policy must be to effect overt seizure rather than risk loss of control of the consignment, even if it means that the seizure has to be made at an otherwise premature stage.
Discuss the Initial Action Phase.
1) assume ownership and leadership and appoint
- O/C investigation
- O/C file
- O/C Exhibits
- O/C Phones/intercept
- Custom liaison officer
2) liaise early with Customs and O/C exhibits and where appropriate take control
- Provide guidance with exhibit handling (numbering, labelling, photos, analysis, unpacking/repacking)
- If exhibits are mishandled they could be ruled inadmissible in court
3) consider electronic intercept
- The commodity must be a controlled drug offence under s6 MODA 1975 or be an offence pursuant to Psyhoactive substances act 2013
4) request customs manipulate the track and trace
5) contact services ASAP
- Surveillance squad
- Photography section
- CMC
- TSU
- Customs have their own CTU, but may require support from Police TSU
6) start planning operation, developing Op orders and rostering staff to cover duration of controlled delivery. Once Op has started there must be 24 hour coverage
Intel Phase.
How would you consider profiling the package?
Profile the package by considering sender details
- Sender location
- Any phone number
- IMEI/SIM info undertaken at early stage
- Telco service provides portability of phones
- DNA/fingerprinting/handwriting/impressions/mechanical fit
- Multiple packages, including dummy runs to target address or associated addresses
How would you consider profiling the Delivery address?
Profiling the delivery address
- Police intel applications
- Occupants
- Local council – owner/rate payer details
- Council plans of street and target premises
- Rubbish delivery date and time
- Housing NZ
- Teleco
- Electricity/gas suppliers
- Timing of mail to address
- Previous occupants and neighbours
- Landlord/owner details
- Police staff who have previously been to address
- CHIS
- Surveillance
- Photos/videos
- Security (alarms/locks/cameras and animals)
- If PO box, obtain PO box holder details
- Customs powers vs Police for getting info quick
- Mail stop/flag address to capture further details
- Suspects may be monitoring/surveilling the address
How would you consider profiling the addressee
Profile the addressee
- Previous occupiers
- Real or false name
- Connections to delivery address
- Relevant convictions/notings/associations
- Travel/connections to country of origin
- Bank accounts – large deposits, over seas transfers
- Full ID of target if possible
- Photographs
- Police intel (NIA, previous investigations, MO section, IMP, arresting officers)
- Suspects knowledge surrounding law enforcement techniques
- Suspects knowledge/skill surrounding technology (phones, faxes, computers)
- Suspects travel history including passport holdings
- Other agency’s intel (fisheries/customs/immigrations/internal affairs)
- Finical profile
- Family members/associates/vehicles/addresses and places frequented)
- General lifestyle (sports and interests)
- Business associations
- Tracking devices for vehicles
- Firearms - risk assessments
Discuss Observation Post (OP).
Consider:
* camera OP requirements versus intercept requirements (Forward Base)
* whether surveillance device warrant required under the Search and Surveillance Act 2012. (see limitations below)
* the staff having to occupy the OP.
What activities require a Surveillance Device Warrant?
“(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:”
“(d) use of a surveillance device that involves trespass to land or trespass to goods:”
“(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.”
What must you consider when Profiling a potential address?
When you have identified a suitable address, you must profile it by considering:
* proximity to target address – close enough to be effective, far enough away to be unobtrusive
* unobstructed line of sight to target address
* access to and from address without arousing suspicion (consider equipment and staff that will need to discretely enter and leave the address)
* ability to beam signals and/or tap into Telecom cables (video and audio interception)
* phone lines available in street
* other conditions relating to the vicinity of the OP, eg parking, schools, other neighbourhood activities, lighting and animals.
What must you consider when Profiling the occupants of an address (OP)?
You must also profile the occupants by considering:
* NIA check for convictions, associations
* employment
* credit checks
* power account
* CUSMOD checks.
What must you consider when approaching 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.
