Controlled deliveries, Tracking devices, Internal searches Flashcards
What is a controlled delivery?
HIGHLIGHTED
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 under the control and surveillance of NZ Customs and NZ Police.
Carried out to identify and secure evidence against those involved in importation/exportation.
Powers involved in controlled deliveries:
Under what section/Act is controlled deliveries undertaken? (M/C)
Who can undertake a controlled delivery?
HIGHLIGHTED
MODAA 1978, S12
Controlled deliveries are vested in Customs Officers only.
Police assist Customs when a controlled delivery operation is undertaken. If successful, Police make the arrest and conduct prosecution.
Methods of importation - What are five ways a controlled delivery could come about?
HIGHLIGHTED
- International Mail Centre - Inside a mail article
- International Airport - Arriving couriers or concealed in luggage
- Imported Air Freight - Within commercial or private freight consignment
- Imported Sea Freight - As above but sea
- Transhipped Air Or Sea Freight - Transiting through NZ with final destination in another country
There are two options when it comes to controlled deliveries, what are those two options?
HIGHLIGHTED
Option 1:
A clean controlled delivery, where no drugs are left within the consignment. Drugs are removed, reducing the risk, but limiting charging to Importing and/or Conspiracy.
Option 2:
Leave a certain amount of drugs that amount to possession for supply charges and substitute the remainder of the drugs. Provides emergency powers when outside of warrant conditions but makes recovery on termination paramount.
What points to consider when profiling the ADDRESS of a controlled delivery?
HIGHLIGHTED
- Occupants
- Previous occupants / neighbours
- Landlord
- Rubbish delivery time
- Mail delivery time
- Electricity provider
- Police who previously visited address
- Photos of address
What points to consider when profiling the ADDRESSEE of a controlled delivery?
HIGHLIGHTED
- Previous Owners
- Real person or false name
- Connections to delivery address
- Relevant convictions / notings / associations
- Travel / connections to country of origin
- General lifestyle
- Financial profile
- Photographs
- Business associations
5 times when a surveillance device warrant is required?
(Section 46 S&S Act 2012)
HIGHLIGHTED
- Use of interception device
- Use of tracking device, except where it is installed solely for the purpose of ascertaining if a thing has been opened, tampered with or in some other way dealt with and the installation doesn’t involve trespass to land or goods
- Observation of private activity in private premises and any recording of that observation by means of a visual surveillance device
- Use of surveillance device that involves trespass to land or goods
- Observation of private activity in the cartilage of private premises, and any recording of it, if any part of the observation or recording is by means of a visual surveillance device and the duration of the observation exceeds -
(a) 3hrs in any 24hr period; or
(b) 8hrs in total
Four things to consider with an OP for controlled delivery:
HIGHLIGHTED
- Find a suitable location - Identify any staff or friendlies who live in area of the target address
- Camera OP requirements vs. intercept requirements (Forward Base)
- Whether SDW required under S&S Act 2012
- Staff having to occupy the OP
When you’ve identified a suitable OP address, you must profile it considering:
HIGHLIGHTED
- Proximity to target address
- Unobstructed line of sight
- Access to address without arousing suspicion
- Phone lines available in street
When you’ve decided on an address, what are some things to consider when approaching the address?
HIGHLIGHTED
- Cover story
- Protection of identity
- No children
- No visitors during operation
What evidence to look for in a search warrant involving controlled deliveries:
HIGHLIGHTED
TECCCS
- Track and trace receipts
- Emails
- Computers
- Correspondence
- Contact lists/ numbers
- Scales and packaging
- Travel documentation
- Passports
What are three methods of delivery for controlled deliveries?
HIGHLIGHTED
- Reintroduction into postal system
- Delivery by courier company
- Police pose as courier
Internal searches:
Search and Surveillance Act 2012 Section 23
HIGHLIGHTED
S23 of SASA 2012 relates to conducting internal searches of people believed to be concealing drugs internally. Must be under arrest for specified offences (Section 6, 7, 11 MODA 1975), in relation to Class A, B, or C controlled drugs.
Internal searches:
Misuse of Drugs Amendment Act 1978 Section 13A
HIGHLIGHTED
S13A of MODAA 1978 is for dealing with people believed to be concealing class A or B controlled drugs internally who are not under arrest.
EG. Airport searches
What are your powers to stop a vehicle during controlled delivery?
HIGHLIGHTED
Stop vehicle under S121 LTA 1998, SW should then be obtained, however if impracticable use S81 SASA 2012 which allows a warrantless search of a person, place or vehicle while exercising S12 MODAA 1978 (Controlled delivery)
