Tracking Devices (Controlled Deliveries)

Question 1

Provide the two main categories Tracking Devices fall under.

Answer 1

One, a device that can help ascertain the location pf a person or a thing, whether or not it is on them.
Two, Its used for detecting whether a thing has been handled, although under s 46(1)(b) of the Search and Surveillance Act 2012.

Question 2

Discuss what needs to be done when notifying TSU.

Answer 2

• discuss operational requirements to ensure the correct device is used
• allow for a secure installation within what are often tight timeframes
• ensure that equipment and TSU staff are available for the installation
• ensure that TSU staff are available to assist in the tracking and monitoring of the device and that they are aware of all operational requirements and plans
• obtain a surveillance device warrant (tracking) if time permits and it is believed that the tracking device cannot be retrieved within 48 hours.

Question 3

What do you need to be aware of regarding a Audio Device in the ‘Delivery’?

Answer 3

• A surveillance device warrant is required where an interception device will be used to intercept a private communication
• By law, the installation of the audio device can only be done by Police members and the role will be designated to the Police TSU.
• The audio device must be monitored, even while it is mobile. Discuss this requirement early with the TSU.
• Allow sufficient time for the secure installation of the device. The length of time required will usually depend on the type and size of the ‘delivery’ and the type of device that is believed will meet operational requirements.
• For audio device installations of this nature, involving TSU early will result in the earliest release of the package for delivery.

Question 4

Discuss Tracking Devices and its use as evidence in court.

Answer 4

Although legal authority is required when installing devices, no evidence on the use of them by the Police in New Zealand has been provided to a court hearing.

Question 5

What legal authority is required in installing a tracking device?

Answer 5

Section 46 requires it to be obtained under:
* “(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:”
* “(d) use of a surveillance device that involves trespass to land or trespass to goods”. (The term “surveillance device” includes a tracking device).

Question 6

Discuss situations of Emergency or Urgency when delaying for a warrant.

Answer 6

An enforcement officer may use a surveillance device for up to 48 hours if obtaining is impracticable in the circumstances.
The situations of emergency or urgency are contained in section 48(2).
Section (e) specifically relates to controlled drugs and controlled deliveries as follows:
(e) the enforcement officer has reasonable grounds—
(i) to suspect that an offence has been committed, or is being committed, or is about to be committed in relation to a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, or Part 1 of Schedule 3 of the Misuse of Drugs Act 1975, or to a precursor substance specified or described in Part 3 of Schedule 4 of that Act; and
(ii) to believe that use of the surveillance device would obtain evidential material in relation to the offence:
(f) the enforcement officer has reasonable grounds—
(i) to believe that a person is in possession of any 1 or more of the things described in section 81(2)(a) to (d); and
(ii) to believe that use of the surveillance device is necessary to facilitate the thing’s seizure.