Controlled Deliveries, tracking Devices, Internal Search and Internal Concealment Flashcards
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 the 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.
Powers involved in controlled deliveries
Power vested in a Customs Officer. Police assist, arrest and Prosecute.
Section 12 Misuse of Drugs Amendment Act 1978 - Allowing delivery of unlawfully imported drugs for purpose of detection.
Section 81 Search and Surveillance Act 2012 -
Searches of person, places, and vehicles relating to deliveries under section 12, Search and Surveillance Act.
Methods of Importation
International Mail Centre - Inside a mail parcel
International Airport - Courier or concealed in luggage
Imported Air Freight - Freight (commercial / private)
Imported Sea Freight - Freight (commercial / private)
Transhipped Air or Sea Freight - Transiting through NZ
Arriving Commercial Vessel - Hidden or attached onboard.
Controlled deliveries - Option 1
A “clean controlled delivery”, where no drugs are left within the consignment. Eliminates the risk of drugs being lost but also gives greater freedom in organising the surveillance of the consignment and reduces the risk of alarming the targets who may have arranged counter-surveillance. However, at the termination of the operation only “importation” and/or “conspiracy” charges likely to be filed.
Controlled deliveries - Option 2
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 availability of emergency powers should the drugs move to persons or places not covered by the search warrants. The remainder of the drugs are substituted. Consequently any consignment with drugs still in it requires greater security, and recovery termination is paramount.
Initial Action Phase
Step 1: Assume ownership and leadership of investigation and appoint key roles.
Step 2: Liaise with Customs OC exhibits and where appropriate, take control.
Step 3: Consider whether to conduct electronic interception. (Class A, B, Cannabis offence s6)
Step 4: Request Customs to manipulate “Track and Trace” system if parcel is subjected.
Step 5: Contact specialists: TSU, REDS, CMC.
Step 6: Plan operation.
Intel Phase
Profile the package by considering the sender details - Phone, IMEI, SIM, Telco, Forensics, Handwriting, multiple packages include dummy runs.
Profile delivery address - occupants, local council, service providers, Police Intel, photo/video, security.
Profile the addressee - real name, personal details, previous history, photos held, bank details, police intel, suspect knowledge, lifestyle.
Observation Post (OP)
Suitable location - Identify friendlies.
- Camera OP requirements vs Interception Requirements
- Surveillance device warrant
- Staff OP
- Proximity, line of sight, parking, schools
- Beam signals, tap Telco, video/audio interception
- Phone lines available on street.
Search Warrants
Addressed, vehicles, PO boxes, Cell Phones.
Search for evidence:
- Receipts
- electronics
- emails, apps, contact lists, numbers
- money and financial records
- previous importations
- travel documentations
- passports
Delivery
“Control”, “Risk management”, “Communication”.
Emergency Powers
Sec. 20, S&S Act 2012 - RTB in place/vehicle, drug, RTS offence, entry delayed cause CADD. Enter Search.
Sec. 21, S&S Act 2012 - Sec 20 Search. Search Person.
Sec. 22, S&S Act 2012 - RTB in possession, drug, RTS offence, search person.
Sec. 121, S&S Act 2012 - Stop vehicle with or without warrant.
Sec. 9 S&S Act 2012 - RTS UAL or Committed offence, RTB in vehicle. Stop and arrest.
Section 81 Search and Surveillance Act 2012
Section 81 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.
Tracking Devices
Legal authority to install tracking devices - Section 46 Search and Surveillance Act 2012: Surveillance Device Warrant -
(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 way felt with, and the installation of the device does not involve trespass to land or trespass to goods.
(d) use of a surveillance device that involves trips of land or goods (includes tracking device).
Internal Searches Under Arrest
Section 23 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 from a medical practitioner, nominated by the Constable
- Detained until earlier of 2 days after internal exam required or permitted.
Internal Searches Not Under Arrest
Section 13A 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
- Medical practitioner approved by Police Commissioner or Chief Executive of Customs
- Detain for 7 days to maximum of 21 days.
