Drug Offences CIB011 Part 2

Question 1

Controlled delivery

Answer 1

A controlled delivery occurs when:

• a consignment of illicit drugs is detected,
• 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.

Question 2

Which agency has the power for the controlled delivery

Answer 2

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

Question 3

Controlled delivery methods

Answer 3

Option 1

• A “clean controlled delivery”, where no drugs are left within the consignment.
• Eliminates any risk of the drugs being lost
• Gives greater freedom in organising the surveillance of the consignment and reduces the risk of alarming the targets who may have arranged counter-surveillance.
• Only charges of “importation” and/or “conspiracy” likely to be filed

Option 2

• Leave an amount of the drug within the consignment
• Enables the option of charging with “possession for supply”
• also provides the availability of emergency powers should the drugs move to persons or places that are not covered by search warrants.
• Requires greater security, and recovery on termination is paramount.

Question 4

Intial Action Phases

Answer 4

1. Ownership
2. Liase early with Customs and O/C Exhibits
3. Electronic interception
4. Track & trace manipulation by customs
5. Contact support services
6. Plan operation -op orders

Question 5

Intel phase

Answer 5

1. Profile package by sender
2. Profile package by delivery address
3. Profile package by delivery addresse
4. Observation post
5. Profiling a potential OP address
6. Profiling a potential OP occupants
7. Considerations of approach OP occupants

Question 6

Search warrants - (Importation evidence)

Answer 6

Search for 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.

Question 7

Delivery

Comment & Method

Answer 7

Emphasis on ‘control’ and ‘risk management’, with ‘communication’ being the key.

Method of delivery (Misuse of Drugs Amendment Act 1978, section 12 refers):
• Re-introduce into postal system for delivery by postie
• Delivery by a courier company
• Police / Customs staff pose as postie / courier
• Consider recording the interaction.

Question 8

Delivery PO Box

Answer 8

PO Box- an opening device and camera on the box.

Question 9

Delivery - addresse accepts

Answer 9

• monitoring audio/tamper devices and crunch when package is opened
• deciding on length of time to hold cordons
• staff/resources
• other operational commitments.

Question 10

Delivery - addresse not present

Answer 10

Addresse not present-
• leaving the package in letter box or at the door
• attempting delivery at a later time
• leaving a “Card to Call” and wait for contact from the addressee.

Question 11

Section 81 SAS 2012

Answer 11

Searches of Persons, Places, and Vehicles

Relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978

1) In the circumstances of subsection 2 that being (2)a constable or the Customs officer has 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.
(1) a constable/ or a Customs officer may, during the course of a delivery do any or all of the following without a warrant:
(a) search a person involved in a delivery
(b) enter and search any place, craft, or vehicle:
(c) seize anything that he or she has RGTB is a thing described in any of paragraphs (a) to (d) of subsection (2).

Question 12

Section 121 SAS 2012

Answer 12

Stopping vehicles with or without warrant for purposes of search

121(1) If satisfied that there are grounds to conduct a warrantless search uner this act you may: stop a vehicle to conduct the warrantless search

121(2) If a search warrant has been issued under this act and it is in force you may: stop a vehicle to execute the search warrant

Question 13

Section 9 SAS 2012

Answer 13

Stopping vehicle to find persons unlawfully at large or who have committed certain offences

Constable may stop a vehicle without a warrant to arrest a person if the constable has RG

a) to suspect that a person i)is unlawfully at large; ii)has committed an offence punishable by imprisonment and;
b) to believe that the person is in or on that vehicle

Question 14

Section 45(1) SAS 2012

Answer 14

Restrictions on some trespass surveillance and use of interception device

(1) Nothing in this subpart authorises any enforcement officer to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence—
(a) that is punishable by a term of imprisonment of 7 years or more; or
(b) against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983; or
(c) against section 25, 26, or 70 of the Psychoactive Substances Act 2013.

Question 15

Section 45(2) SAS 2012

Answer 15

(2) Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain evidential material in relation to an offence—
(a) that is punishable by a term of imprisonment of 7 years or more; or
(b) against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983; or
(c) against section 25, 26, or 70 of the Psychoactive Substances Act 2013

Question 16

Section 46 SAS 2012

Answer 16

Surveillance device warrants

46 Activities for which surveillance device warrant required

a) Interception device for private communications
b) Use a tracking device
c) Observation of private activity on private premises
d) Using surveilance device that involves trespass to land
e) Without a warrant when 3hours in any 24hour period or 8 hours in total

Question 17

Section 47 SAS 2012

Answer 17

47 Some activities that do not require warrant

• When lawfully on property and recording what you observe or hear without the use of a surveilance device
• Conducting an audio recording of 2 or more persons where on person consents

Question 18

Section 48 SAS 2012

Answer 18

48 Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency

Enforcement officer has reasonable grounds to suspect:

a) 14yr + offence has or will be committed AND Believe the SD would obtain EM to that offence
b) that there is a risk to life or safety & believe the SD is neccessary to prevent that offence
c) that a warrantless search for Arms & believe SD will facilitate seizure
d) category 3or4 offence against arms act & believe SD would obtain EM in relation to that offence
e) that an offence is/has been/ about to be committed in relation to a Controlled drug & believe that the SD would obatin EM in relation to that offence
f) to believe that a person is in possession of any 81(2) (a-d) and believe that a SD would obtain EM in relation to that offence

Question 19

Section 49 (1) SAS 2012

Answer 19

49Application for surveillance device warrant

(1) made only by an enforcement officer, and must contain, in reasonable detail:
(a) the name of the applicant:
(b) the provision authorising the making of an application for a search warrant in respect of the suspected offence:
(c) the grounds on which the application is made:
(d) the suspected offence in relation to which the surveillance device warrant is sought:
(e) the type of surveillance device to be used:
(f) the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance:
(g) a description of the evidential material believed to be able to be obtained by use of the surveillance device:
(h) the period for which the warrant is sought.

Question 20

Section 51 SAS 2012

Answer 20

51 Conditions for issuing surveillance device warrant are that—

(a) there are reasonable grounds—
(i) to suspect that an offence has been/is being/ will be committed in respect of which this Act or any enactment specified in column 2 of the Schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence; and
(ii) to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence; and
(b) the restrictions in section 45 do not prevent the issuing of a surveillance device warrant in the circumstances.

Question 21

Section 57 SAS 2012

Answer 21

• 57 Admissibility of evidential material relevant to other offences
• Basically other offences identified other than the one under a warrant, that EM is still admissable against that other offence

Question 22

Section 64 SAS 2012

Answer 22

64 Disposal of raw surveillance data, excerpts, and information obtained

A law enforcement agency must ensure that any raw surveillance data, excerpts from raw surveillance data, and information obtained from it that is not itself raw surveillance data, and that is not retained in accordance withsection 63 or as part of a court record, is deleted or erased.