QUESTIONS Flashcards
List examples of exterior indicators of a clan lab ?
• Access denied to landlord, neighbours, or other visitors
• Frequent visitors at odd times
• Exhaust fans running at odd times
• Windows blackened out or curtains always drawn
• Chemical odours coming from the building or rubbish
• Occupants unfriendly, secretive about their activities, paranoid behaviour
• People only coming outside to smoke
• Expensive security and surveillance gear
In an unplanned entry situation, what is Police initial action ?
• Preserve the crime
• Immediately remove person of interest from the premises
• Isolate the scene and maintain a safety perimeter
• Seek advice from NCLRT or Fire about decontamination procedures
• Seek medical advice if you experience any adverse effects
• Occupants of the address and staff who gave entered are to remain separated until decontamination issues have been addressed
• Notify duty Inspector or NCO, contact NCLRT and if appropriate Fire and Ambulance
What does the judge need to satisfied before granting a surveillance device warrant s51 S&S ?
• RGTS and offence has been committed, or is being or will be committed that authorises an enforcement officer to apply for a 4X
• RGTB the proposed use of a surveillance device will obtain info that is EM in respect of the offence and
• The restriction in s45 does not prevent the issues of a SD warrant in the circumstances
List circumstances when a surveillance device warrant is required under section 46 of S&SAct ?
• The use of an interception device to intercept a private communication
• The use of a VSD to observe and record private activity in private premises
• Observation and any recording of private activity in the curtilage of private premises has exceeded 3hrs in a 24hr period or 8 hrs in total.
What is the definition of VSD ?
• Means any electronic, mechanical, electromagnetic, optical or electro-optical instruments, apparatus, equipment or other device that’s is used to observe and record a private activity.
• Does not include spectacles, contact lenses or similar device used to correct subnormal vision
What is meant by the term private conversation ?
• A communication that may be taken to indicate that any party to the communication desires it to be confined to the parties involved
• Does not include a communication in which any party expects that the communication may be intercept by some other person without having the consent of any of the parties
When is the offence of produce of manufacture any controlled drug s6(1)(b) complete ?
• The offence is complete once the prohibited substance is created, whether or not it is in a usable form
What must you prove to rebut s6(6) presumption for supply ?
• Presumption for supply can be rebutted if the defendant can prove on the balance of probabilities they did not intent to supply it (an addict needing a large amount)
List 4 things you must do for initial action at clan labs where CYPs located
• Remove CYP from the immediate scene
• Assign an officer to look after and monitor the CYP
• Prelim interview
• Record - take photos, note physical condition or mental state
• Assess the CYP for injury, illness or need for immediate medical attention
• Swab CYF for chemical residues
• Secure clothing worn by CYP as exhibits
What is the different between s13A MODA1975 and s23 S&SAct relating internal searches of persons ?
• s23 conducting internally searches of people BELIEVED to be concealing drugs internally. Arrested for specified offences under section 6,7 and 11 MODA in relations to Class A B and C controlled drugs.
• s13A dealing with people you BELIEVE to be concealing Class A and B drugs internally who are not under arrest.
What is the difference between the offence of obstruction contained in SOA 81 and MODA1975 ?
• The offence of obstruction in MODA relates to obstruction anyone who is executing powers under MODA 1975
What is the difference between Produce and Manufacture ?
• Produce can be described as changing the nature of the original substance and
• Manufacture is the creating a new substance from the original materials
What are the two elements to be proved for the offence of offering to supply ?
• Actus Reus - The use of words to convey an offer
• Mens Reas - The intention to make the other person believe the offer is genuine
3 things that must be proven for possessing equipment - s12A(2) MODA75
• Defendant has possession of equipment, material or precursors
• Items are capable of being used in the production or manufacture of controlled drugs s6(1)(6) or the cultivation of prohibited plants s9
• Defendant intends for those items to be used in or for the commission of a offence of this Act
In relation to importing drugs, when is someone liable and when does liability cease ?
• Liability arises as soon as the drugs cross NZ border and concludes when they have reached their final destination and are available to the consignee or addressee
