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CIB Modules September 2019 > Drugs > Flashcards

Drugs Flashcards

1
Q

Initial Action Steps upon notification from customs of a package

A

ALCARP

1) Assume ownership & appoint Key Roles O/C File, Investigation, Phones/electronics, Custom Liason, Exhibits (FIPCE)
2) Liaise with Customs O/C exhibits - Provide guidance over handling of exhibits, photographing etc .
3) Consider an electronic interception as part of delivery (Class A or B. Or C Under S6)
4) Ask custom to manipulate the ‘track n trace’ system so subject not alerted.
5) Request support of Surveillance, Photogrphy, CMC, TSU
6) Plan the operation - Op orders, roster etc (can run for days or weeks)

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2
Q

Methods to be used when profiling the package for controlled delivery

A

PIPSMD

  • Phone numbers attached
  • IMEI/Sim
  • Phone company porting
  • Sender location
  • Multiple packages
  • DNA, Fingerprints, handwriting, impressions
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3
Q

When profiling an address for controlled delivery consider

A

NOCRHOPS

  • NIA - Intel applications
  • Occupants
  • Council plans
  • Rubbish delivery – date / time
  • Housing New Zealand
  • Other staff enquiries
  • Photos
  • Security
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4
Q

When profiling an addressee/target for controlled delivery consider

A

PORC TCB

  • Previous occupiers
  • Other agency Info
  • Real person or false name?
  • Connections to delivery address
  • Travel
  • Convictions / notings / associations
  • Bank accounts
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5
Q

3 Considerations when setting up an OP

A
  • camera OP requirements versus intercept requirements
  • whether surveillance device warrant required
  • the staff having to occupy the OP
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6
Q

When do you require a SDW?

Section/Elements

A

S46 S & S 2012

c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device
(d) use of a surveillance device that involves trespass to land or trespass to goods:

(e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds-
(i) 3 hours in any 24-hour period; or
(ii) 8 hours in total

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7
Q

Profiling a potential address for OP - considerations

A

PAPAU

Proximity to target address
Access to and from address without arousing suspicion
Phone lines available in street
Ability to beam signals and/or tap into Telecom cables
Unobstructed line of sight

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8
Q

5 Steps re packing controlled delivery packages

A

LOSPL
Customs retain responsibility

1- Liaise with customs tech unit CTU
2-Options for package (Tracking or audio device, Dye trap)
3-Seek advice from Doc Examiner to recreate packaging (LSD)
4-Photograph with scale ruler
5-Leave quantity of drugs and replace the rest with placebo

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9
Q

4 x Methods of delivery

A

Postie
Courier Company
Police / Customs staff pose as postie / courier
Camera in a PO box

(Consider recording the interaction)

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10
Q

Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978

A

Search and Surveillance Section 81

In the circumstances set out in subsection (2), a constable or a Customs officer may, during the course of a delivery in relation to which a Customs officer has exercised his or her powers under section 12 of the Misuse of Drugs Amendment Act 1978, do any or all of the following without a warrant:

(a)
search a person involved in a delivery under section 12 of the Misuse of Drugs Amendment Act 1978:

(b)
enter and search any place, craft, or vehicle:

(c)
seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2).

Section 2

(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.

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11
Q

S121 - S&S

A

Stopping a vehicle for the purpose of conducting a warrantless search

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12
Q

Emergency Power relating to SDW

A

Section 48(2) - S&S 2012

(a) - RGTS 14 + offence has, is being, about to be committed and RGTB EM will be obtained with SD
(b) - RGTS 1 or circs set out in this section exist and RGTB SD necessary to prevent offending
(c) - RGTS 1 or more circs in 18(2) exist RGTB SD necessary to facilitate seizure of arms
(d) - RGTS Cat 3 or 4 against arms act, has, is being or about to be committed and RGTB SD with obtain EM
(e) - RGTS offence has, is being, about to be committed in relation to Controlled Drugs, Schedule 1, Pt 1 Sched 2, Pt 1 Sched 3, or Pt 3 sched 4 (Pre Cursor) and RGTB SD with obtain EM
(f) - RGTS person in possessio n of 1 or more things described in 81(2) and RGTB that SD is necessary to facilitate seizure

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13
Q

Differances between MODA and S and S internal searches

A

MODA

  • Must have RCTB and not K9’d.
  • Class A or B.
  • Constable or Customs officer
  • District court judge for detention warrant

S and S

  • Must be K9’d for S6 7 or 11 of MODA
  • Any class of drug
  • Constable only
  • Require suspect to permit medical practitioner
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14
Q

Definition of Drug dealing offence

A

A drug dealing offence is any offence against s6 of the Misuse of Drugs Act 1975 which involves Class A or B controlled drugs (Class C and precursors not included)

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15
Q

Definition of evidential material

A

Means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation

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16
Q

Definition of Private Communication

A

A communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication

Excludes when a person ought to expect that the communication be intercepted by some other person without having the consent to do so.

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17
Q

Definition of interception device

A

Any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or record a private communication

Excludes hearing aids or device used to correct hearing

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18
Q

Definition of visual surveillance device

A

Any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, a private activity

Excludes spectacles, contacts etc used to correct vision

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19
Q

Definition of surveillance device

3 things

A

A device that is any 1 or more of the following kinds of devices:

(a) an interception device:
(b) a tracking device:
(c) a visual surveillance device.

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20
Q

Definition of tracking device

A

(a) means a device that may be used to help ascertain, by either or both of the following:
(i) the location of a thing or a person:
(ii) whether a thing has been opened, tampered with, or in some other way dealt with; but
(b) does not include a vehicle or other means of transport, such as a boat or helicopter.

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21
Q

A serious offence in relation to trespass surveillance is

A

An offence punishable by 7 years imprisonment or more.

Must reach this thresh hold for visual surveillance

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22
Q

Activities for which a SDW is required

Section/Elements

A

S46(1) Search and Surveillance Act 2012

(1) Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:

(a) use of an interception device to intercept a private communication:
(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
(d) use of a surveillance device that involves trespass to land or trespass to goods:
(e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—
(i) 3 hours in any 24-hour period; or
(ii) 8 hours in total.

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23
Q

Activities that do not require a SDW

A

S47 Search and Surveillance Act 2012

(a) the enforcement officer—
(i) being lawfully in private premises; and
(ii) recording what he or she observes or hears there (provided that the enforcement officer records only those matters that he or she could see or hear without the use of a surveillance device):
(b) covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them:
(d) activities carried out by the enforcement officer’s use of a surveillance device, if that use is authorised under any enactment other than this Act.

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24
Q

Exception to obtaining a SDW to record communication

A

When consent is obtained by at least one of the parties to covertly record a voluntary oral communication made between that person and others involved in the communication

25
Q

R V McGINTY

Issuing of a SDW

A

The evidence in the present case of continued heroin dealing, in respect of which the orthodox techniques such as searching premises and following vehicles had been tried without success, was sufficient. A Judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation.

26
Q

S57 Search and Surveillance

A

Admissibility of evidence - If any other offences are detected under a SDW they are admissible provided it was an offence for which a SDW could have been obtained.

27
Q

R v McGinty - CHIS

A

Disclosure of the identity of alleged informants was not required under the Act, and the trial Judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of informants. However, the trial Judge was entitled to insist on disclosure if he saw fit.

28
Q

Section 64 Evidence Act 2006

A

(1) An informer has a privilege in respect of information that would disclose their identity.
(2) A person is an informer for the purposes of this section if the person -
(a) has supplied, gratuitously or for reward, information to an enforcement agency, or to a representative of an enforcement agency, concerning the possible or actual commission of an offence in circumstances in which the person has a reasonable expectation that his or her identity will not be disclosed; and
(b) is not called as a witness by the prosecution to give evidence relating to that information.
(3) An informer may be a member of the police working undercover.

29
Q

4 things required to be included in a SDW application under Section 49 S&S

A 
Name of applicant
Grounds on which application is made
Suspected offence 
Type of surveillance
Type of evidential material
30
Q

Who can carry out a SDW?

A

Any or all of the persons directed or anyone called upon to help. (Supervision required)

An enforcement officer may apply for one.

31
Q

Section 63 of the Search and Surveillance Act 2012

A

Section 63 of the Search and Surveillance Act 2012 prescribes the length of time for which surveillance data may be retained.

32
Q

Section 64 of the Search and Surveillance Act 2012

A

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 with section 63 or as part of a court record, is deleted or erased.

33
Q

List four key activities the telephone investigator should undertake in the first 24 hours of a major operation.

A

1) Draft a production order application early
2) Trapping’ or ‘pre loading’ phone data
3) Proving phone ownership
4) Appoint analyst

34
Q

What are the three main types of Clan Lab

A

Extraction:
Finished drug or precursor is removed from raw (possibly plant) material by use of chemical
solvents. Examples include morphine from opium, hashish or hash oil from cannabis leaf and
pseudoephedrine from pharmaceutical preparations.

Conversion:
One form of a drug is changed into a more desirable form. Examples include cocaine
hydrochloride to ‘Crack’ and methamphetamine hydrochloride to ‘Ice’.

Synthesis:
Raw materials are combined through chemical processes to produce the desired drug. The
original materials may already be controlled substances. Examples include methamphetamine
or ‘P’ from pseudoephedrine and heroin from morphine.

35
Q

Four exterior clan lab indicators

A
  • Chemical Odour
  • Exhaust fans running at odd times
  • Expensive security systems
  • Frequent Visitors at odd hours
  • Windows blackened or curtains drawn
36
Q

Four interior clan lab indicators

A
  • Laboratory glassware, equipment and documents.
  • Containers with clear liquids in them with a chalky coloured solid on the bottom or similar.
  • Containers with two layered liquids in them, one dark coloured layer and one clear or pale yellow layer.
  • Baking dishes or similar containing white crystalline substance.
  • The presence of hot plates near chemicals.
37
Q

Risks in a clan lab

A

Chemical Hazards - Some chemical hazards may be inhaled, absorbed or ingested. Acids, solvents, poisons

Risk of chemical fire and explosion - flammable gases, solids and liquids

Physical Hazards - armed and/or drug-affected suspects, explosives, potential
booby traps, the risk of electric shock, unsafe building structures

Children

38
Q

Safety considerations upon discovering a lab

A
  • Leave immediately
  • Never touch, taste or smell any chemical or equipment
  • Do not attempt to stop the chemical reaction, or turn any electrical devices such as lights or fans on or off. The simple act of turning on an electrical switch may cause an explosion.
  • Do not shut off the water
  • Do not smoke
  • Do not re-enter
  • Do not use tools, radios, cellphones
39
Q

In an unplanned entry situation Police should:

A

RIPNASO

•• Remove persons of interest from the premises;
•• Isolate the site and maintain a safety perimeter;
•• Preserve the crime scene;
•• Notify their duty Inspector or Duty NCO, contact the NCLRT and where
appropriate the local fire service and ambulance.
•• Ask for advice from a NCLRT member or the Fire Service about
decontamination procedures;
•• Seek medical advice if you experience any adverse effects.
•• occupants of the address and staff who have entered the address are to remain separated until decontamination issues have been
addressed;

40
Q

Planned entry: The manner of entry will

depend on the nature of the intelligence on such factors as:

A

ANLPTF

  • Active or inactive laboratory;
  • Number and nature of offenders or others present in the laboratory;
  • Laboratory location;
  • Proximity to persons or property;
  • Type / size of Laboratory ;
  • Firearms / weapons / booby traps.
41
Q

The Minimum level of PPE for IET members is:

A
  • • Flame retardant overalls;
  • • Chemical & Flame resistant coveralls;
  • • Boots;
  • • Fire resistant gloves;
  • • Balaclava;
  • • Police SRBA vests;
  • • APR’s with Air filters.
42
Q
  1. Hazardous Substances & New Organisms Act 1996 “Emergency definition”
A
  1. Interpretation:
    In this Part of this Act, unless the context otherwise requires,
    “Emergency’’ means:
    (a) Actual or imminent danger to human health or safety; or
    (b) A danger to the environment or chattels so significant that immediate action is
    required to remove the danger
    — arising from a hazardous substance or new organism:
43
Q

Exposure to Clan Labs may result in the following symptoms:

A
  • headaches
  • watery or burning eyes
  • nausea
  • burning skin
  • coughing or choking
  • pain in diaphragm
  • feeling of coldness or weakness
  • shortness of breath and/or dizziness
44
Q

CYP - Immediate Action at the Scene (O/C investigation)

A

The O/C Investigation will co-ordinate the: RAPE PR CRAP PIPB

  • Removal of CYP from Scene
  • Assigning an officer to look after CYP
  • Provide PPE and decon kit
  • Explaining what is happening
  • Place child in tyvek suit or blanket
  • Request O.T attendance at scene
  • Consider seizing clothing
  • Record physical condition and mental state
  • Assessment of CYP by Ambo
  • Photographing of CYP at scene
  • Prelim interview including, health questions, occupants details, sibling details, sleeping arrangements, playing and eating areas, doctors name, school details, knowledge of drugs
  • Informing the OT worker of the authority used to remove and detain the CYP
  • Provide OT with copy of warrant
  • Brief social worker of any info from prelim interview or health and safety concerns
45
Q

CYP - Follow up (O/C investigation)

A

The O/C investigation will: GEEE REA

  • Give priority to locating any absent CYP
  • Ensure any exposed CYP is checked by a Doctor ASAP within 24hrs
  • Ensure medical exam is completed (urine and hair samples)
  • Ensure samples collected and forwarded to ESR
  • Refer all cases where consent is an issue
  • Ensure toxicology result are forwarded to the OT worker, and examining doctor.
  • Arrange child interview if required.
46
Q

Section 136 Hazardous Substances & New Organisms Act 1996

A

(1) Where any enforcement officer has reasonable grounds to believe that—
(a) There is an emergency; and

(b) Either,—
(i) no state of emergency has been declared
(ii) The emergency is not being dealt with under the Fire Service Act
(iii) No emergency has been declared under the Bio security Act

(c) All or any of the powers set out in section 137 of this Act should be exercised in
order to
(i) Enter any premises or dwelling; or
(ii) Remove the cause of the emergency; or
(iii) Stabilise the situation to limit the actual or likely adverse effects of the emergency; or
(iv) Protect the health and safety of people, chattels, or the environment from the actual or likely adverse effects of any emergency,

47
Q

Other conditions under Section 136 HASNO Act 98

A

Enforcement officers to Identify themselves, State their authority, Announce nature of the emergency

Any emergency ceases after 48 hrs after the declaration or once another emergency has been declared - whichever is sooner

48
Q

Section 103 HASNO Act 98

A

(1) Any enforcement officer may, at any reasonable time,—
(a) Go on, into, under, and over any premises [(excluding dwellings)]; or
(b) With the consent of the occupier, go on, into, under, and over a dwelling—
for the purpose of inspection to—
(c) Monitor [compliance with the conditions or controls on any hazardous substance
or new organism] in any premises where a hazardous substance or new organism
approved under this Act is located; or
(d) Determine the nature of any substance or organism in the premises; or
(e) Determine whether or not any person is complying with a compliance order.
(2) For the purpose of subsection (1) of this section, an enforcement officer may—
(a) Take samples of water, air, soil, any substance, or any organism; and
(b) Open containers or packages (including secured or sealed containers or packages) to
inspect the contents; and
[(c ) take photographs and measurements and make sketches and recordings; and]
(d) Take or remove any thing for analysis or testing; and
(e) Conduct examinations, tests, inquiries, demonstrations, and inspections; and
[(ea) require that any place or thing specified by the enforcement officer is not disturbed
for a reasonable time pending any examination, test, inquiry, demonstration, or
inspection; and]
[(eb) require the making of statements by the person in charge of the premises, in any form or manner specified by the enforcement officer, about conditions, material, or
equipment relevant to the purpose of the inspection; and]
(f ) Require the production of any documents relevant to the purpose of the inspection;
and
(g) Take copies of the documents or information or extracts from those documents or
information

49
Q

What are some indications of large scale dealing?

A 
Admissions by the defendant
The amount and sophistication of equipment
Volumes of precursor materials
Evidence of chemical purchases
Intercepted communications
Significant cash holdings
Observation evidence
50
Q

Define large scale dealing

A

Dealing in a quantity of drugs that is more than five times the presumption threshold

51
Q

Examples Of when the crown prosecute a drug offence

A
  • Produce/Manufacture 6(1)(b) or Conspiracy to Produce/Manufacture 6(2A)
  • Class A more than five the presumptive amount
  • Class B more than 10 times the presumptive amount
  • Class C Evidence of large scale commercial dealing
52
Q

Categories of Cannabis cultivation

A

Cat 1 - small number of plants for personal use

Cat 2 - small scale cultivation for commercial purpose

Cat 3 - Large scale sophisticated grow

53
Q

Evidence of a large scale commercial cultivation

A 
Volume of cannabis in position
Admission made by the defendant
Intercepted communications
Observation evidence
Significant cash holdings
Evidence of extensive crop Yield
54
Q

Procedures for a certificate of analysis to be admissible

A
  • The chain of evidence is unbroken
  • The material to be analyzed is not tampered with or contaminated
  • The defence is aware of the analysis and is given reasonable time to prepare a defence
55
Q

Methods of delivering a drug exhibit so that certificate evidence can be used

A

Delivered in person to the analyst who is the issue the certificate, or to a person authorized by the end list to receive it.

By registered post or Courier with signature required in a sealed package to an employee who has been authorized by the analyst in charge.

56
Q

Time frame for providing copy of analyst certificate to defendant

A

The defendant must be given a copy of the certificate and written notice that the analyst will not be called at least seven days before the hearing.

If they do not wish to except the certificate as evidence they have three days before the hearing to notify in writing the prosecution that they wish for the analyst to be called as a witness

57
Q

Instrument of crime

A

S142B sentencing Act

Can be a house used to make meth or vehicle etc

Onus is on the OC to advise the prosecutor who then submits a prosecutors notice to the court for them to consider forfeiture

58
Q

HASNO 96 emergency powers/sections

A

135 - Emergency definition

136 - Enforcement officer May declare an emergency if no other emergency has been declared

137- Emergency powers -

  • Enter premises or dwelling
  • Exercise powers from S 103
  • Direct person to stop activity contributing to emergency
  • Request them to take action to prevent or limit emergency
  • Direct person to leave
  • Direct person to refrain from entering
  • Destroy property to prevent emergency
  • Requisition property for use in the emergency
  • Secure site for 24hrs
59
Q

Steps for planning an entry into a known clan lab

A 
Intel gathering phase
Termination planning/Briefing
Entry
Initial assessment and safety assessment
Evidence processing
Exiting
Disposal of hazardous substances
Follow up action

CIB Modules September 2019 (4 decks)

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