Controlled Deliveries, Tracking Devices, Internal Search and Internal Concealment

Question 1

Controlled Delivery

Answer 1

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. This could also incorporate couriers caught body packing or travelling with drugs concealed within their luggage.

Question 2

Controlled Delivery

Methods of Importation

Answer 2

International Mail Centre - Inside a mail article
International Airport - Arriving couriers
Imported Air Freight - Commercial or Private
Imported Sea Freight
Transiting Air or Sea Freight
Arriving Commercial Vessel

Question 3

Controlled Delivery

Option 1

Answer 3

Clean controlled delivery - all drugs removed, reduces risk but limits charging to Importing and/or Conspiracy

Question 4

Controlled Delivery

Option 2

Answer 4

Leave a certain amount of drugs that amount to possession for supply charges. Provides emergency powers when outside of warrant conditions. Remainder of drugs are substituted, makes recovery on termination paramount.

Question 5

Controlled Delivery

Initial Action Phase

Answer 5

Assume ownership and appoint key roles
Liaise with Customs
Consider electronic interception
Request Customs to manipulate 'Track n Trace'
Contact specialists
Plan operation

Question 6

Controlled Delivery

Intel Phase

Answer 6

Profile package by considering sender details
- Phone details, forensic evidence

Profile delivery address
- Council info, service providers, owner/occupant details, police intel, photos/video, security

Profile the addressee
- real name, personal details, previous history, photos held, bank details, police intel, suspect knowledge, lifestyle

Question 7

Controlled Delivery

Things to consider for an observation post

Answer 7

• Camera OP requirements vs intercept requirements
• Whether SDW required
• Staff to occupy OP

Profile address

• Distance/line of sight to target
• Access to address without causing suspicion
• Phone lines available
• Other conditions - parking, schools, lighting

Question 8

Controlled Delivery

Evidence Relating to Importation

Answer 8

• Track n Trace receipts
• Packaging from previous importations
• Scales and packaging (supply)
• PO box documentation
• Computers, faxes, cellphones
• Contact lists/numbers
• Correspondence
• Emails
• Passports
• Travel documentation
• Money and financial records

Question 9

Controlled Delivery

Emergency Powers

Answer 9

S81 Search and Surveillance Act 2012

(1) During course of delivery, Customs Officer or Constable may
(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) IF RGTB 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 10

Provisions for Using Tracking Device

When a SDW is Required

Answer 10

S46 Search and Surveillance Act 2012

(a) use of an interception device to intercept a private communication:
(b) use of a tracking device, except where 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 goods:
(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.

Question 11

Internal Searches

Under Arrest

Answer 11

S23 Search and Surveillance Act 2012

• Must be under arrest for offences against sections 6, 7, 11 MODA
• Constable must have RGTB person has anything secreted in their body any property that may be evidence of the offence with which they are charged or other offence against S6,7,11.
• Any class drug, Constable must request internal examination

Question 12

Internal Searches

Not Under Arrest

Answer 12

S13A Misuse of Drugs Amendment Act 1978

• Not arrested
• Constable or Customs Officer must have reasonable cause to believe
• Class A or B drug only
• Constable or Customs Officer may request warrant for detainment from District Court Judge

Question 13

Two types of Tracking Devices

Answer 13

• Beacon

- GPS

Question 14

Time Limit to remove Tracking Device Installed Without Warrant

Answer 14

72hrs

Question 15

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

Case law

R v Rankine

Answer 15

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.