Controlled Deliveries, Tracking Devices, Internal Search and Concealment Flashcards
What is a controlled delivery and what section allows this
S12 MODAmmendment act 1978Controlled deliveries are a power given to customs when they detect a consignment of illicit drugs. They allow the delivery of goods under surveillance with a view to identify the importer. Police have a role to arrest and prosecute
What are the two types of controlled deliveries
- Clean controlled - no drugs left, eliminates risk of drugs being lost, charges limited to importing or conspiracy - no possession.
- Leaving a small amount in consignment enables option for a charge if possession for supply, allows use of emergency powers, requires greater security.
What situations can give rise to a controlled delivery
- International mail centre
- International airport
- Imported air freight
- Imported sea freight
- Transhipped air or sea freight
- Arriving commercial vessel
What should be considered in profiling a package for a controlled delivery
- sender location
- any phone number attached or accompanying documentation
- IMEI/SIM undertaken at early stage
- telecommunication service providers portability of cell phones
- DNA / fingerprinting / handwriting / impressions / mechanical fit
- multiple packages, including dummy runs to target address or associated addresses
What should be considered in profiling the addressee prior to a controlled delivery
- previous occupiers
- real person or false name
- connections to delivery address
- relevant convictions/notings/associations
- travel/connections to country of origin
- bank accounts - large deposits, overseas transfers
- full ID of target if possible
- photographs
- Intel held (police/other)
- suspects knowledge of covert techniques
- suspects knowledge/ skill in technology
- suspects travel history
- financial profile
- family members, associates, vehicles, addresses and places frequented
- general lifestyle
- business associations
- tracking device for vehicles
- risk assessment
What should be considered in profiling the delivery address for a controlled delivery
- police intel
- occupants
- local council
- council plans of street and target premises
- rubbish delivery
- HNZ
- telecommunications providers
- electricity/gas
- timing of mail to address
- previous occupants & neighbours
- landlord/ owner of property
- police staff who have previously visited
- chis info
- fixed or mobile surveillance
- photos/videos of premises
- security inc animals
- customs powers vs police powers for obtaining information
- mail stop/flag address to capture further deliveries
- suspect may be monitoring/surveilling delivery address
- task customs to back capture previous deliveries
During the intel phase of a controlled delivery operation what things should be profiled
- Package
- Delivery address
- Addressee
- Potential address for OP - address and occupants
What should be considered in profiling an address for an OP
- proximity to target address
- uninstructed line of sight to target address
- access to and from address without arousing suspicion
- ability to beam signals and/tap into telecom cables
- phone lines available in street
- other conditions relating to the vicinity of the OP
What should be considered in profiling the occupants for an OP
- NIA check for convictions, associations
- employment
- credit checks
- power account
- CUSMOD checks
In a search following a controlled delivery what things should be looked for as evidence
- evidence relating to the importation
- track and trace receipts
- correspondence
- computers, faxes and cell phones
- emails
- contact lists/numbers
- packaging from previous importations
- money and financial records
- scales and packaging etc in relation to supply charges
- PO box documentation
- travel documentation
- passports
What are the emergency powers in relation to controlled deliveries
Emergency powers specifically relating to controlled deliveries are found in s81 S and S 2012
In the event you need to stop a vehicle
Powers are found under s121 S and S 2012
S19-24 S and S 2012
S19 - search person when 4x
S20 - RGTB schedule 1, 2 or 3 part 1 or schedule 4 part 3 in vehicle or place, RGTS drugs CADD
S21 - may search person found in place/vehicle
S22 - search people in public place as per 20
S23 - internal search
S24 - hold if declined
What section and act allows the use of tracking devices
S46 S and S 2012
How long can a tracking device be installed for without a warrant before needing to be removed or a warrant obtained
72 hours
How long can a surveillance device be installed for before needing to be removed or a warrant obtained
48 hours
