Controlled Deliveries, Tracking, Internal

Question 1

Controlled Deliveries introduction

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

Powers involved in controlled deliveries

Answer 2

Powers to undertake a controlled delivery is vested in a Customs officer only, under s12 of the Misuse of Drugs Amendment Act 1978.

Question 3

Methods of importation – Controlled deliveries

Answer 3

International Mail Centre – Inside a mail article.
International Airport – Arriving courier using either body packing, internal concealment or concealed within luggage.
Imported air freight – Within a freight consignment which can be either commercial or private.
Imported sea freight – As with air freight but arrive via sea.
Transhipped air or sea freight – Transiting through New Zealand with a final destination in another country.
Arriving commercial vessel – Hidden on board or attached to a vessel that is either unloading or picking up cargo from New Zealand before continuing onto another country

Question 4

What is Option 1?

Answer 4

clean controlled delivery”, where no drugs are left within the consignment. This eliminates any risk of the 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 are likely to be filed on those apprehended.

Question 5

What is option 2?

Answer 5

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 the availability of emergency powers should the drugs move to persons or places that are not covered by search warrants. The remainder of the drugs are substituted. Consequently, any consignment with drugs still in it requires greater security, and recovery on termination is paramount.

Question 6

Profile the addressee – what to consider?

Answer 6

1. Previous occupiers
2. Real person or false name?
3. Connections to delivery address
4. Travel / connections to country of origin
5. Financial profile

Question 7

Observation post 1st step?

Answer 7

The first step is to find a suitable location. Staff or “friendlies” ideal or friends of friends. If not pick based on location / proximity to target.
Consider:
- Camera OP requirements versus intercept requirements (forward base)
- Whether surveillance device warrant required under the S&S Act 2012 (see limitations below)
- The staff having to occupy the OP

Question 8

Profiling a potential address – Things to consider once you’ve found an OP?

Answer 8

• Proximity to target address – close enough to be effective, far enough away to be unobtrusive
• Unobstructed line of sight to target address
• Access to and from address without arousing suspicion (consider equipment and staff that will need to discretely enter and leave the address
• Phone lines available in street
• Ability to beam signals and/or tap into Telecom cables (video and audio interception)

Question 9

Searching for evidence in relation to importation, what should you look for?

Answer 9

• Track and trace receipts
• Correspondence
• Emails
• Passports
• Travel documents

Question 10

Discuss the two main categories of a tracking device?

Answer 10

Tracking devices fall into two main categories. Firstly, it encompasses a device that can be used to help ascertain the location of a person or thing, whether or not it is installed in or on the thing being tracked or in the possession of a person being tracked.

Secondly, it encompasses a device used for detecting whether a thing has been handled, although under s46(1)(b) of S&S Act 2012, the use of a device for this purpose requires a warrant only when its installation involves a trespass on land or trespass to goods.

Question 11

Compare the two types of internal search powers.

Answer 11

Section 23 SASA- internal searches of people who are under arrest for specific offences and believed to be concealing internally. (Police only can request)
Section 13A MODAA78- Reasonable cause to believe concealing class A or B drug, Police and customs (not arrested) - can be detained for search