Controlled deliveries, tracking etc Flashcards
Power to Undertake a Controlled Delivery
Section 12 Misuse of Drugs Amendment Act 1978
Allowing delivery of unlawfully imported drugs or precursor substances for purpose of detection etc
The power is vested in Customs Officer only. That is how section 12 is worded.
Section 12
Misuse of Drugs Amendment Act 1978
Allowing delivery of unlawfully imported drugs or precursor for the purpose of detection etc
Search and Surveillance 2012
Section 81
Searches of person, places and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978
- Allows constable or customs officer to search, enter and search and seize
- emergency power
6 Methods of Importation
- International Mail centre
- International airport
- Imported Airfreight
- Imported Seafreight
- Transhipped air or sea freight (transit through NZ final destination another country)
- Arriving commercial vessel
Option 1 - Clean controlled delivery
no drugs are left within the consignment.
Only allows importation and/or conspiracy charges to be filed on those apprehended
Option 2 - Leaving some drugs
Leave an amount of the drug within the consignment to enable the option of charging an offender with a possession for supply charge.
Also provides the availability of use of emergency powers should the drugs move to a person or place not covered in the search warrants.
The risks are obviously higher in this operations.
Initial Action Phase (6)
- Assume ownership, appoint roles
- Liaise with Customs O/C exhibits
- Consider electronic interception as part of the controlled delivery
- Request Customs manipulate ‘Track n Trace’
- Contact support services (Surveillance, CMC, TSU etc)
- Start planning the operation, Staff, op orders etc
Search & Surveillance 2012
Section 121
Power to stop vehicle to execute power of search
(1) If you are satisfied that there are grounds to conduct a warrantless search under this Act
(2) If you are satisfied that a search warrant has been issued under this act and is in force
Search & Surveillance 2012
Section 9
You have RTGS that a person is unlawfully at large or has committed an offence punishable by imprisonment
and you have RGTB the person is in or on a vehicle you may stop the vehicle without warrant to arrest the person.
Search & Surveillance 2012
Section 21
If invoked Section 20
You may search any person found in or on that place or vehicle without a warrant.
Search & Surveillance 2012
Section 22
Warrantless search person for drugs
RGTB person in possession of drugs
RGTS offence against MODA 1975
Search & Surveillance 2012
Section 22
Warrantless search person for drugs
RGTB person in possession of drugs
RGTS offence against MODA 1975
Two main categories of tracking device
1 - a device to help ascertain the location of a person or thing (may or may not be installed on the person or thing being tracked.)
2 - Device detecting whether a thing has been opened ( requires a a warrant only if installation involves trespass on land or trespass to goods. (S&S 46(1)(b)) )
Situations of emergency or urgency
Section 48
Search & Surveillance 2012
Surveillance device for up to 48 hours without a warrant in situation where warrant could be applied for.
Search & Surveillance 2012 Section 48(2)(e)
The enforcement officer has reasonable grounds-
i) to suspect that an offence has been committed, or is being or is about to be committed in relation to a controlled drug specified in or described in Schedule 1, part 1 or schedule 2, or part 1 of schedule 3 of MODA 1975 or to a precursor substance specified in part 3 of schedule 4 of that act and
ii) to believe that use of the surveillance device would obtain evidential material in relation to the offence
