Drugs Offences (2) Flashcards
Controlled deliveries (Definition)
When a consignment of illicit drugs are detected which makes it possible for the delivery of those goods to be made under control or surveillance of customs and police with a view of identifying evidence against those involved. Includes people body packing or carrying in their luggage
Powers involved in controlled delivery
Section 12 MODA Amendment Act 1978
– Allowing delivery of unlawfully imported drugs or precursor substances for purpose of detection. Customs only
Power to search vehicle, places, people in deliveries
Section 81 Search and Surveillance Act 2012
Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978
Types of Controlled delivery (1)
Clean controlled delivery
No drugs are in the consignment. Greater freedom in organising surveillance and no risk of losing drugs. Can only charge importation
Types Controlled delivery (2)
Leave amount of drugs in consignment. Allows for possession for supply charge. Allows for emergency powers for persons or places not covered by search warrant. Recovery of drugs is paramount
Methods of Importation
- International mail centre - Inside mail
- International Airport - body packing, internal concealment inside luggage
- Imported air freight - Inside freight consignment
- Imported sea freight
-Transshipped air or sea - Transiting through NZ - Arriving commercial vessel - Inside or attached to vessel unloading or picking up freight before continuing to another country
Initial Action (Controlled delivery)
- Assume ownership and leadership of the investigation appoint roles
- Liase with customs OC exhibits and where appropriate take control
- Consider whether to conduct an electronic interception as part of the controlled delivery
- Request customs manipulate the track and trace system if parcel is in that system
- Contact surveillance, photography, CMC and TSU
- Plan operation, rostering staff, op orders
- Intel phase - profile package, delivery address, addressee
- Find suitable OP
- Search warrants
- Method of delivery and contingency plans
Repacking controlled delivery packages
- Liase with CTU
- Consider; Multiple packages, Tracking device, Audio device, Opening device, Dye trap, Covert marking of commodity
- Consider document examiner to identify photocopier used or recreating the package
- Leave appropriate amount of controlled drug and replace rest with placebo
- Photograph - use scale rule and labels
Search warrants (What they cover)
Search and surveillance Act 2012 Section 6
Cover places, vehicles and other things
- Known addresses
- vehicles
- post boxes
- Cell phones
Searching for evidence (Importation)
- track and trace receipts
- emails
- contact lists
- Money and financial records
- travel documentation
- computers/Cell phones
Method of delivery
MODA Amendment Act 1978 Section 12
- Re-introduce into postal system
- Delivery by courier company
- Police/Customs pose as postie
- Consider recording interaction
Emergency power to search addresses and people in relation to MODA 1975
Search and surveillance Act 2012
section 19 - Search people that are in/on place where SW has been effected
Section 24 - Judge can refuse bail application or further detain person if they refuse internal search under s23
Emergency power of entry, search and seizure relating to controlled drug delivery
Search and surveillance Act 2012 Section 81
Vehicle stopping power under Search and Surveillance
Search and surveillance act 2012
- Section 121 (For purposes of stopping & search of the vehicle)
Section 9 (Person unlawfully at large)
Surveillance types
Search and Surveillance Act 2012 Section 45 - 64
- Observing and any recording of that observation of people, vehicles, places and things
- Tracking location of thing or person and whether thing has been tampered with
- Intercepting private communication through interception device
Trespass surveillance (Definition)
Surveillance will be unlawful if it involves trespass - onto land or unauthorised handling of goods unless authorised by SDW
Where trespass surveillance is involved the use of a visual surveillance device is restricted to serious offences only
Serious offence (Definition)
In relation to trespass surveillance a serious offence is one punishable by 7 years imprisonment or more and against certain Arms Act offences
Using interception devices are also restricted to serious offence whether or not there is a trespass
Activities SDW is required
Search & Surveillance Act 2012 Section 46(1)
(a) use of an interception device to intercept a private communication
(b) use of tracking device except if it’s solely for purpose of ascertaining whether thing has been tampered with, opened or some other way dealt with and it does not involve trespass to land or goods
(c) Observation of private activity in private premise and there is recording of the activity by visual surveillance device
(d) Use of surveillance device that involves trespass to land or goods
(e) observation of private activity in the curtilage of a property if it is recorded by visual surveillance device and duration is more than 3 hours in a 24 hour period or 8 hours total
Activities that DO NOT require SDW
Search & Surveillance Act 2012 Section 47
(a) The enforcement officer
(i) being lawfully in a private premise
(ii) recording what he hears there (only matters he could see or hear without device)
(b) covert audio recording of voluntary oral conversation - with consent from a person involved in the conversation
(d)
Restrictions for use of Interception device for private conversation
- offence punishable by 7 years imprisonment
- certain arms act 1983 offences
(Exception - There is consent from one of the parties in the conversation)
Private communication (Definition)
Means a communication made under the circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties of the communication
Situations of Emergency or urgency (Drugs)
Search and Surveillance Act 2012 Section 48(2)(e)
(i) Suspect offence has been, or is or about to be committed in relation to controlled drug specified or described in Schedule 1, part 1 schedule 2, schedule 3 of MODA 1975
(ii) believe use of surveillance device would obtain evidential material in relation to offence
Alternative investigative technique (Case law)
R v MCGUINTY:
A Judge was not required to refuse a warrant because police had not exhausted every conceivable alternative technique of investigation
Admissability of evidential material relevant to other offences
Search and Surveillance Act 2012 Section 57
- When carrying out activities authorised by a SDW or while lawfully using a device in relation to an offence you obtain evidential material of an offence
- is not the offence in relation to SDW or in relation to the offence which the device was lawfully used
- a SDW could’ve been issued or device lawfully used
(2) Evidence is still admissable
Criteria for issuing surveillance device warrant
Search and Surveillance Act 2012 Section 51
(i) to suspect that an offence has been committed, or is being committed, or 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
