Controlled deliveries, tracking devices, internal search and internal concealment Flashcards
Controlled delivery definition
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, with a view to identifying and securing evidence against those involved in importation/exportation.
Powers involved in controlled deliveries
Customs officer only under s12 of the Misuse of Drugs Amendment Act 1978. If the operation is successful Police make the arrest and conduct the prosecution.
Two types of controlled deliveries
- clean controlled delivery - no drugs left in the consignment. Eliminates the risk of the drugs being lost but gives greater freedom in organising the surveillance of the consignment and reduces the risk of alarming the targets.
- controlled delivery - leave an amount 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 moves to persons/places that are not covered by search warrants. Requires greater security and recovery on termination is paramount.
Profile the package
Any phone number attached, IMEI/SIM information, telco company, forensic opportunities
Profile the delivery
NIA searches, occupants, telco company, electricity/gas company, CHIS, telco companies
Profile the addressee
Previous occupiers, connections to delivery address, bank accounts, suspect’s travel history, family members
Activities requiring SDW
- observation of private activity in priavte premises and any recording of that observation by means of a VSD
- use of SD that involves trespass to land or goods
- observation of private activity in the curtilage and any recording of that observation if it exceeds 3 hours in 24 hour period or 8 hours in total
Profiling potential address
Proximity to target address, unobstructed line of sight, access to and from the address without arousing suspicion, ability to tap into telecom cables
Profiling the occupants
NIA checks, employment, credit checks, power account
Approaching occupants
- cover story
- protection of identity
- room available with 24 hour access
- preferably no children
- preferably no visitors during operation
- gratuity at conclusion
Evidence relating to the importation
- track and trace receipts
- correspondence
- commputers, cellphones
- emails
- contact lists
- packaging from previous
Method of delivery
- re introduce into postal system for delivery by postie
- delivery by courier
- Police/Customs poses as postie
- recording the interaction
Section 48 S&S 2012
Emergency use of SD for up to 48 hours.
Section (e) specifically relates to controlled drugs and deliveries
RGTS that an offence has been committed or is being committed or is about to be committed in relation to a controlled drug specified or described in Schedule 1, Part 1 of Scehdule 2 or Part 1 of Schedule 3 of MODA 1975, or to a precursor substance specified or described in Part 3 of Schedule 4 of that Act AND
RGTB that use of the SD would obtain EM in relation to the offence.
Section 23 S&S 2012
Internal search of a person under arrest pursuant to section 6, 7 or 11 MODA 1975 and relates to class A, B and C controlled drugs.
Section 13A Misuse of Drugs Amendment Act 1978
Person you have reasonable cause to believe is concealing class A or B controlled drugs but who is not under arrest.
