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Drug Offences Liabilities > Short Answer study > Flashcards

Short Answer study Flashcards

1
Q

common methods of importation or controlled deliveries

A
  • via international mail centre/mail article
  • international airport via courier or body packing
  • imported air freight in either commercial or private freight
  • imported sea freight
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2
Q

options for controlled deliveries

A

option 1 - clean controlled delivery where no drugs are left within the consignment

option 2 - an amount of drug is left within consignment to enable option of charging offender with possession for supply

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3
Q

controlled deliveries initial action

A
  1. appoint roles - OC investigation, OC file, OC exhibits, OC phones/ interception, Customs liaison officer
  2. liaise with Customs OC exhibits and provide guidance with exhibit numbering, labelling, photographing, analysis and repacking
  3. Consider electronic interception, must be class A,B or cannabis offence under s6 of MODA 1975
  4. Request Customs to manipulate track and trace system if parcel is in track and trace system
  5. Contact surveillance squad, photography section, crime monitoring centre and technical support as early as possible
  6. Start planning operation, developing op orders and rostering staff to cover duration of controlled delivery operation
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4
Q

What activities would require a surveillance device warrant

A

s46 search and surveillance act 2012

a) use of an interception device to intercept private communication
b) use of a tracking device unless it is for the sole purpose of ascertaining whether a thing has been opened
c) observing private activity in private premises
d) use of a surveillance device that involves trespass to land or goods
e) observation of private activity in curtilage of private premises

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5
Q

What is the duration of visual observation of private activity in the curtilage of private premises allowed w/out SDW

A

s46(e)

  • 3 hours in any 24 hour period; or
  • 8 hours in total
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6
Q

what controlled drugs can be searched for under the search and surveillance act powers in relation to offences against the MODA 1975

A
  • controlled drugs specified in schedule 1
  • controlled drugs specified in part 1 of schedule 2
  • controlled drugs specified in part 1 of schedule 3
  • precursor substance specified in part 3 of schedule 4
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7
Q

in the event the package involved in the controlled delivery operation is in a vehicle and you need to stop the vehicle to recover it what statutory power would you exercise

A

vehicle stop power under section 121 of the search and surveillance act 2012

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8
Q

if the suspect from a controlled delivery is in a vehicle but the package is not what power would you use to stop the vehicle?

A

section 9 of the search and surveillance act 2012

  • Stopping vehicle without warrant to arrest someone who you have RGTS has committed imprisonable offence and RGTB is in vehicle
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9
Q

what are the two tracking device categories

A
  1. A device that can be used to ascertain the location of a person through the use of technology eg cell phone or thermal imaging
  2. A device used for detecting whether a thing has been handled, requires a warrant when installation involves a trespass on land or to goods
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10
Q

when can a surveillance device be used without SDW and for how long

A

a surveillance device may be used for up to 48 hours if entitled to apply for such warrant but obtaining it within the time in which it is proposed to undertake the surveillance is impractical in the circumstances

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11
Q

under what urgent or emergency situations can a Police Officer use surveillance device without SDW

A

s48 of search and surveillance act 2012

a - RGTS 14 yr imprisonment offence has been, is being or is about to be committed and RGTB SD would obtain evidential material

b - RGTS offence is being or about to be committed likely to cause injury to any person or serious damage/loss of property, or there is risk to life or safety of any person that requires an emergency response, and use of device is necessary to prevent offence

c - RGTS person is carrying or in possession of arms and is in breach of arms act 1983 or due to medical condition is incapable of having proper control of the arms or may kill/cause bodily injury to any person and SD will facilitate seizure of arms

d - RGTS a category 3 or 4 offence in relation to arms or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed and SD would obtain evidential material

e - RGTS an offence has been committed, or is being committed , or is about to be committed in relation to controlled drug specified in schedule 1, Part 1 of schedule 2, Part 1 of schedule 3 of the MODA 1975, or to a precursor substance specified or described in part 3 of schedule 4 of that Act and RGTB SD would obtain evidential material

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12
Q

If a tracking device is installed without a warrant, what is the time period in which it needs to be removed or a tracking device warrant obtained?

A

72 hours

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13
Q

Outline the 2 different legislations relating to internal searches

A
  1. Section 23 of the S&S Act – relates to conducting internal searches of people believed to be concealing drugs internally. These people must be under arrest for specific offences and any request for an internal search must be made by a Constable.
  2. Section 13A of MODA – for dealing with people believed to be concealing Class A or B controlled drugs internally. Any Police Constable or Customs Officer may request a warrant from a District Court Judge to detain someone under this section.
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14
Q

Evidence relating to Importation in a controlled delivery

A
  • Track n Trace receipts
  • Packaging from previous importations
  • Scales and packaging (supply)
  • PO box documentation
  • Computers, faxes, cellphones
  • Contact lists/numbers
  • Correspondence
  • Emails
  • Passports
  • Travel documentation
  • Money and financial records
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15
Q

what are some things to consider with an OP for a controlled delivery?

A
  • whether a surveillance device warrant is required
  • proximity to the target address - close enough to be effective but far enough to be unobtrusive
  • unobstructed line of sight to address
  • access to and from address without arousing suspicion
    12
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16
Q

what points do you consider when profiling the addressee?

A
  • previous occupiers
  • real/false name
  • relevant convictions, associations
  • connection to delivery address
  • travel, connections to country of origin
  • bank accounts
  • photographs (surveillance/casual)
  • Police intel
  • suspects travel history
  • financial profile
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17
Q

what evidence do you look for in a SW involving controlled deliveries?

A
  • scales and packaging relating to supply charges
  • track and trace receipts
  • emails
  • money and financial records
  • PO box documentation
  • passports
  • correspondence
  • computers and cell phones
  • contact lists and number
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18
Q

Internal Searches

Under Arrest

A

S23 Search and Surveillance Act 2012

  • Must be under arrest for offences against sections 6, 7, 11 MODA
  • Constable must have RGTB person has anything secreted in their body any property that may be evidence of the offence with which they are charged or other offence against S6,7,11.
  • Any class drug, Constable must request internal examination
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19
Q

Internal Searches

Not Under Arrest

A

S13A Misuse of Drugs Amendment Act 1978

  • Not arrested
  • Constable or Customs Officer must have reasonable cause to believe
  • Class A or B drug only
  • Constable or Customs Officer may request warrant for detainment from District Court Judge
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20
Q

What is a drug dealing offence? Electronic operations can only be used for drug dealing offences

A

any drug dealing offence against s6 which involves Class A or Class B controlled drugs

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21
Q

What is the definition of private communication?

A

a) Means a communication (oral, written, 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; but
b) Doesn’t include circumstances where any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so

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22
Q

What is the definition of an interception device?

A

a) Means 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; but
b) Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

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23
Q

What is the definition of a visual surveillance device?

A

a visual surveillance device:

a) Means any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment, or other device that is used to observe, or to observe and records, a private activity, but
b) Does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.

24
Q

What is the definition of a tracking device?

A

a) Means a device that may be used to help ascertain, by electronic or other means, either or both of the following:
a. The location of a thing or a person
b. 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

25
Q

What is a surveillance device?

A

A device that assists and enhances your normal capabilities to carry out surveillance:
• A visual surveillance device – assists you to observe and/or record,
• An interception device – assists you to hear and/or record,
• A tracking device – assists you to locate a person or thing or ascertain whether anything has been handled.

26
Q

When is surveillance unlawful?

A

surveillance will be unlawful if it involves trespass to land or goods, unless authorised by a surveillance device warrant.

Where trespass surveillance is involved the legislation restricts the use of a visual surveillance device to obtaining evidential material for serious offences only i.e. offence punishable by 7 years or more, or certain sections of the Arms Act.

27
Q

What are the restrictions on use of interception devices?

A

Restricted to obtaining evidential ;material for serious offences only. These offences are

  • Offences punishable by 7yrs or more imprisonment
  • Identified Arms Act 1983 offences

The exception is 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.

28
Q

What can be done in situations of emergency or urgency?

A

S&S authorises Police to use a surveillance device without warrant in certain emergency situations listed in s48. If any of these listed emergency situations exist you must consider whether you would be entitled to make an application for a surveillance device warrant but obtaining such a warrant within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances. Note that this surveillance device cannot be used for more than 48 hours without a warrant.

29
Q

What is the case law regarding alternative investigative techniques?

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.
(R v McGinty)

30
Q

What is the case law regarding CHIS info?

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.
(R v McGinty)

31
Q

Considerations in an Electronic Operation

A
  • Logistical support
  • Analysis of evidence
  • CHIS protection
  • Implications of disclosure and legal grounds for withholding
32
Q

What are the key activities a phone investigator should undertake in the first 24hrs

A
  • trapping or ‘pre loading’ phone data
  • TSP liaison (establish effective working relationship)
  • draft a production order application early
  • liaise with the analysts regarding the formatting of the raw data
  • prove ownership of phones by establishing links to persons of interest
33
Q

what is the 90 second rule

A

This rule assumes that if offenders are present and moving inside the laboratory then the atmosphere will sustain life. It assumes that the IET (wearing the minimum level of PPE for the IET) may safely enter and extract suspects for a period of up to 90 seconds

34
Q

Operational Safety Considerations when dealing with clan labs

A
  • Leave the area immediately, your safety is paramount
  • Do not re-enter the premises
  • Never touch, taste or smell any chemicals or equipment
  • Do not attempt to stop the chemical reaction, or turn any electrical devices off. This may cause an explosion.
  • Do not shut off the water supply
  • Do not smoke in or near clan lab
  • Do not use tools, radios, cellphones or anything that produces sparks or friction
35
Q

Clan Lab Indicators

Outside

A
  • Frequent visitors at odd hours
  • People coming outside only to smoke
  • Occupants unfriendly, appear secretive about their activities, paranoid or odd behaviours
  • Access denied to landlords, neighbours, other visitors
  • Windows blackened out or curtains drawn
  • Expensive security and surveillance gear
  • Rubbish containing a large amount of cold medication containers or packaging
  • Bottles, plastic containers and boxes with labels removed
  • Chemical odours coming from property, can be sweet, bitter, ammonia or solvent smells
  • Exhaust fans running at odd times
36
Q

Clan Lab Indicators

Inside

A
  • Containers with clear liquids and chalky coloured solid on the bottom
  • Containers with two layered liquids, one dark and one clear or pale yellow
  • Used coffee filters containing either white pasty or reddish brown substance
  • Baking dishes or similar containing white crystalline substance
  • Presence of hot plates near chemicals
37
Q

Three types of clan labs

A
  • Extraction
  • Conversion
  • Synthesis
38
Q

Symptoms from Exposure to Clan Labs

A
  • Headaches
  • Nausea
  • Watery or burning eyes
  • Burning skin
  • Coughing or choking
39
Q

Immediate action at the scene (CYF)

A
  • Removal of CYP from immediate scene
  • Place CYP in Tyvek suit or in blanket, must occur before handover
  • Most appropriate decontamination of CYP
  • Use age appropriate explanations about what will happen, e.g. need to wear special clothing
  • Assessment of CYP by Ambulance - medical attention takes priority over decontamination - OC must ensure medical facility is aware of contamination prior to admission
  • Assigning officer to look after and monitor CYP and liaise with social worker
  • Request for CYF attendance at scene
  • Distribute PPE to CYF staff as well as CYP decontamination kit for each CYP
  • Photographing CYP at scene
  • Recording physical condition of CYP
  • Consider securing clothing worn by CYP as an exhibit
40
Q

Preliminary interview with CYP

A
  • Basic health questions such as headache, nausea, breathing difficulties
  • Name of CYPs doctor
  • Occupants details
  • Details of other siblings or CYPs at address
  • Sleeping arrangements
  • Playing and eating areas
  • School or pre-school details
  • Knowledge of drugs, manufacturing, dealing activities
41
Q

Definition of Emergency

A

S135 Hazardous Substances and New Organisms Act 1996

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

42
Q

Unplanned Entry

A
  • Immediately remove persons of interest
  • Isolate the site and maintain a safety perimeter
  • Preserve the crime scene
  • Seek medical advice if you experience any adverse effects
43
Q

Prosecution time Limits

A

S28 MODA 75

(a) Dealing, cultivating or aiding offences against corresponding law in another country - No Time Limit
(b) Any other offence against the act - Four Years After the date on which it was Committed

44
Q

what category are section 6 and 7 offences?

A

offences against section 6 of MODA are category 3 (punishable by imprisonment of 2 yrs or more) - can elect trial by jury

offences against section 7 of MODA are category 2 (punishable by imprisonment less than 2 yrs) - does not have right to elect trial by jury

charging documents can be filed at any time for offences of dealing, cultivating and aiding offences against corresponding law in another country

45
Q

which offences will the crown automatically prosecute following plea?

A
  • s6(1)(b): produce or manufacture
  • s6(2A): conspiracy to produce or manufacture meth
  • s10: Aiding offences against law of another country
  • s12C commission of offences outside NZ
46
Q

What is large scale dealing

A
  • suspected dealing in quantities of drugs that is more than 5 times the presumption threshold
47
Q

what can be used to substantiate large scale dealing

A
  • admissions
  • volume of drugs found in the defendants possession
  • intercepted communications
  • significant cash holdings
  • evidence incl records of proposed and or actual sales including detailed and or extensive supply lists
  • evidence that suggests a continuing course of conduct
48
Q

what is the criteria for other offences that the crown will prosecute offences involving large scale dealing

A

Class A drug offences against s6(1) or s6(2A)

  • more than 5 times quantity of presumption threshold
  • evidence of large scale dealing
  • substantial evidence from SD audio interception

Class B drug offences against s6(1) or s6(2A)

  • more than 10 times quantity of presumption threshold
  • evidence of large scale dealing
  • substantial evidence from SD audio interception

Class C drug offences against s6(1) or s6(2A)

  • evidence of large commercial scale dealing
  • substantial evidence from SD audio interception
49
Q

Bail

A

S16 Bail Act 2000

A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a High Court Judge or District Court Judge but not otherwise

S17A Bail Act 2000

(1) This section applies to a defendant of or over the age of 17 years who is charged with a serious Class A drug offence.
(2) No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.

50
Q

Delivery of Drug Exhibits

A

S31(2) MODA 75

  • In person to the analyst who is to issue the certificate, or to a person authorised by the analyst to receive it
  • By registered post or by courier post with signature required in a sealed package to an employee who has been authorised by the analyst in charge at the laboratory
51
Q

Admissibility of Certificate

A

Admissible only if:

  • The defendant is served at seven clear days of the hearing, and provided with a copy of the analysts certificate
  • The defendant does not, at least three days before the hearing, give written notice that the analyst be called
  • The court does not request oral evidence of the analyst
52
Q

Bail Application Process

A
  • Application for bail must be made before District or High Court Judge by defendant’s lawyer
  • OC to have forwarded instructions on bail
  • Full and detailed reasons for bail to be opposed
  • Judge will remand defendant for CRH or whatever is considered appropriate
53
Q

What is the mandatory obligation in relation to instruments of Crime

A

S142B Sentencing Act 2002

Court to be notified of any instruments of crime so forfeiture can be considered. Eg:

  • House used to manufacture Methamphetamine
  • Motor vehicle used to deliver drugs
54
Q

What should be profiled about the package in a controlled delivery?

A

Consider sender details eg:

  • any phone number attached to package or accompanying documentation
  • IMEI/SIM information
  • telecommunications service providers portability of cellphones
  • DNA/fingerprints/handwriting/impressions
  • multiple packages
55
Q

What is the benefit of a clean controlled delivery?

A

It eliminates any risk of the drugs being lost and gives greater freedom for organising surveillance and reduces risk of alerting targets.

Drug Offences Liabilities (11 decks)

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