Multi Choice Or Short Answer Flashcards
Control drug analogue
Any substance that has a structure substantially similar to that of a controlled drug. Poses similar risk to the user.
When can a surveillance device be used for interception or trespass
Serious offences seven years or more. And certain arms act
Section 46- activities for which surveillance device warrant required
A) use of an inception device to intercept a private communication
B) use of a tracking device except when used solely for the purpose of agitating with something has been opened or tempered with and does not involve trespass
C) Observation of private activity and private premise in any recording of the observation
D) use of a surveillance device that involves trespass to land all goods
E) Observation of private activity in the cartilage of a private premise that exceeds three hours in any 24 hour period or eight hours in total.
Activities that do not require a warrant
-Enforcement officer being lawfully in a private premise and recording what he she observes or he is there
-covid audio recording of a voluntary oral communication between two more persons with one consenting
Admissibility of analyst certificate
Served with 7 days of hearing and copy of cert provided.
4 Things to consider for an OP for controlled delivery
-find suitable location. Ideally identify any staff or friendly who live in the vicinity of the target address. Identify a potential address based on location and proximity to target
-camera requirements versus intercept requirements
-Whether Surveillance device warrant required
-Stuff to occupy the OP
90 second rule
This role assumes that If offenders are pregnant and moving inside the clan lab then the atmosphere will sustain life. It assumes that the initial entry team wearing minimal level of PPE may safely enter an extract suspect period up to 90 seconds.
Presumption for supply
LSD- 2.5miligrams or 25 flakes
Cocaine -0.5grams
Heroin-0.5 grams
Meth -5 grams
Cannabis 28g or 100 cigarettes
What points to consider when profiling an addressee
-previous owners
-Real person or first name
-Connections to delivery address
-History relevant convictions noting associations
-Travel connections to country of
-Bank account large deposits overseas transfers
Preparation for Controlled delivery
-assume ownership and leadership of them investigation and appoint roles
-liaise with customs OC exhibits
-consider whether to conduct an electronic interception
-Request customs to manipulate the track and trace system
-contact surveillance squad photography CMC and TSU
-Intel phase of package ,delivery address addressee
-Find a suitable OP
-repackage controlled delivery packages
-search warrants
-Method of delivery and contingency plans
Types of controlled deliveries
Clean -no drugs are left within their consignment, eliminates the risk of the drugs being lost and all allows for freedom of organising surveillance reduces risk of allowing targets. only importation and conspiracy charges likely to be laid
Leave an amount of drugs within the consignment to enable the option of charging with position for supply charge .
When is importation complete
Irrelevant if it is available to the consign any criminal liability arises when the drugs cross New Zealand borders
Ingredients of allowing permits premise section 12 moda
Everyone commit in defence who knowingly permits any premise or vehicle to be used for the purpose of the commission of an offence against this act
Three things that must be proven for supply equipment section 12 A(1)
The defendant has supplied produced or manufactured equipment material or precursors
-those items are capable of being used in the production or manufacture of controlled drugs or cultivation of prohibited plants
-That the defendant knows those items are used for an offence by another person.
Criteria for SDW
RGTS that that an offence has been , is being or will be committed which authorises the enforcement officer to apply for warrant into premises for the purpose of attaining evidence about the suspected offence
To believe that the proposed use of a surveillance device will obtain information that is evidential material and respect of that offence and the restrictions in section 45 do not prevent the issuing of a surveillance device warrant .
High standard of evidence is required to satisfy the judge .
Internal searches- S23 S&S and 13A Moda
S23-relates to internal search of person by a medical practitioner. That person is under pursuant to s 6,7 or 11 moda rgtb concealing class a,b or c drugs
S13 MODAA relates to Police accustoms power to detain somebody who they have reasonable grounds to believe is conceal in class A or B drugs only for unlawful purposes
Clan lab safety considerations
-Leave the area immediately
- Never touch , small taste chemicals
- Do not stop reaction
- Do not smoke near lab
-Do nit use radio tools or mobile , things that will spark
-Do not turn water off
-Do not re-enter
List 3 steps for using cert of analysis instead of ESR analyst to give evidence
Provide cert to defendant and written notice that the analyst will not be called at least 7 days before hearing
If the Defendant does not accept, they have to give written notice at least 3 days prior if they want analyst to be called as witness
Evidential transcript
A written record of intercepted communication must be verbatim
Proving intent in drug cases
Admissions
Circumstantial evidence
Statutory presumption
