Controlled Deliveries Flashcards

1
Q

What is a controlled delivery?

A

When a consignment of illicit drugs is detected and it is possible to deliver those goods under the control and surveillance of NZ Customs and Police, so as to identify and secure evidence against those involved.

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2
Q

Who has the power to conduct controlled deliveries?

A

NZ Customs

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3
Q

What is Police’s role in controlled deliveries?

A

They assist Customs, make the arrest and conduct the prosecution

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4
Q

What is the power that allows for controlled deliveries? Give the section and description

A

s12 Misuse of Drugs Amendment Act 1978

If a Custom Officer has RGTB a controlled drug or precursor has been imported on any craft, vessel, mail, goods etc they may leave or replace part or all of it and allow delivery to be completed as the case may require.

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5
Q

What is the search power associated directly to controlled deliveries?

A

section 81 S & S 2012 provides a warrentless search power during a controlled delivery to search any person, vehicle, craft or place and seize the below things if a cosntable or customs officer has RGTB they contain:
- controlled drug
- precursor
- package which customs replaced
- evidential material related to importing

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6
Q

What are the two types of controlled deliveries and briefly describe them?

A

1) Clean controlled deliveries where no drugs are left in the consignment.

2) Controlled deliveries with all or part of the the drug left in the consignment.

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6
Q

What are the common methods of importation?

A
  • International mail centre in mail
  • International airport on passengers or luggage
  • Imported air freight
  • Imported sea freight
  • Transshipped air or sea freight stopping over en-route to another country
  • Arriving commercial vessel
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7
Q

What is the pros and cons of a clean controlled delivery?

A

Pros:
- Prevents risk of losing drugs

Cons:
- Likely limits charges to importation and conspiracy charges

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8
Q

What are the pros and cons of a non-clean controlled delivery?

A

Pros:
- Allows potential for a possession for supply charge
- Provides availability of emergency powers should the drugs move to a target not covered by search warrants
- Can be considered when the nature of concealment makes removal/ or substitution of the drugs impossible

Cons:
- Risk losing the drugs
- Requires closer surveillance and security. Recovery of the drugs is paramount even is seizure needs to be made prematurely.

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9
Q

What steps should be taken as part of initial action in a controlled delivery?

A

6 steps:
1) Assume ownership of the investigation and appoint investigation roles
2) Liaise with customs and take control and provide guidance where required, especially with exhibit handling
3) Consider electronic interception
4) Get customs to manipulation the “track and trace” system
5) Contact other squads for support
6) Start planning the OP including op orders and rosters

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10
Q

During the intel phase of a controlled delivery what should you profile about the sender?

A
  • Phone numbers attached
  • Forensics including DNA, fingerprints and handwriting
  • Other packages to the target address or associated address(s)
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11
Q

During the intel phase of a controlled delivery what should you profile about the address?

A
  • Occupants and previous occupants
  • Council information and plans
  • Rubbish delivery
  • Service providers
  • Previous occurrences and CHIS
  • Security and surveillance at address
  • Consider Police vs Customs powers
  • Get other agencies help including Customs to back capture previous deliveries to the same address
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12
Q

What factors should be considered when considering whether to set up an observation post for a controlled delivery op?

A
  • Are their friendlies or staff in the area?
  • What are you camera observation requirements vs intercept requirements
  • Is a surveillance device warrant required for your activities
  • Staffing
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13
Q

When profiling a observation post address what should you consider?

A
  • Proximity to the target (not to close, not to far)
  • Unobstructed line of sight
  • Access to OP without arousing suspicion
  • Ability to beam signals and phone lines nearby
  • Occupants suitability
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14
Q

Discuss the use of search warrants for controlled delivery ops

A

Get search warrants ahead of time for addresses, vehicle, PO boxes and phones you think will be involved

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15
Q

When you approach someone about using their address as an observation post what should you consider?

A
  • A cover story
  • Protection of ID
  • Is the room available 24/7
  • No children or visitors preferably
  • Give them a big thank you
16
Q

Who’s responsibility is the repacking and control of a consignment before it is release?

A

Customs however liaise and provide them with support

17
Q

When repacking a consignment for a controlled delivery, what are the main considerations?

A
  • Liaise with the Customs Technical Unit
  • Consider multiple packages, devices and markings
  • Consider using the document examiner to assist
  • Leave a quantity of the drugs in the package but remove the rest
  • Photograph the package layer by layer, using rulers and labels
18
Q

Upon termination of a controlled delivery operation, what addition evidence should you be searching for?

A
  • Receipts
  • Correspondence
  • Devices
  • Contact lists and numbers
  • Packaging from previous importations
  • Financial records
  • Passports and travel documentation
  • Scales or other dealing equipment
19
Q

What is the main focus during a controlled delveiry?

A

Control and risk management

20
Q

When a controlled delivery occurs, discuss methods of delivery and decision making based on the target?

A
  • Cosnider reintroducing to the courier or mail system vs having a Police/Custom officer pose as a cosier
  • Consider recording the delivery
  • If no answer at the address consider leaving at the address, attempting delivery at a later time or leaving a “card to call” and await contact
  • If a package is accepted monitor audio/tampering devices and crunch when the package is opened.
  • If package goes mobile consider control, communication and risk. Let surveillance relay locations and consider resourcing to ensure surveillance devices are successful. Consider splitting resources if a consignment goes mobile, however eyes must be kept on the package at all times.
21
Q

What is section 19 S & S 2012?

A

May search any person in or on a vehicle or place being searched under search warrant for a MODA 1975 offence

22
Q

What is section 20 S & S 2012?

A

Warrentless search of a place or vehicle is you have reasonable grounds to:
- Suspect MODA 1975 offence has, is or will be committed
- Believe not practicable to get a search warrant
- Believe CD/precursor in the place or vehicle
- CADD will occur

22
Q

What is section 21 S & S 2012?

A

May search any person found in or one a vehicle or place being searched under section 20

23
Q

What is section 22 S & S 2012?

A

Warrentless search of a person if you have reasonable grounds to:
- Suspect MODA 1975 offence has, is or will be committed
- Believe CD/precursor is in their possession

24
Q

What is section 23 S & S 2012?

A

Can direct a medical practitioner to conduct a internal search of a person if they are arrested for a MODA 1975 s6, 7 or 11 offence and RGTB they concealed evidential material or drugs/precursors on them.

The medical practitioner must not perform it if they believe it will be prejudicial to their health or they don’t permit to it

24
Q

What is section 81 S & S 2012?

A

During the course of a controlled delivery a customs officer may search a person, enter and search any place, craft, or vehicle, seize anything that he or she has reasonable grounds to believe is a thing described below if they have RGTB they possess:
- a controlled drug
- precursor
- a replaced package
- evidential material in relation to importing

25
Q

What is section 9 S & S 2012?

A

May stop a vehicle if RGTS occupant is arrestable or unlawfully at large and RGTB they are in the vehicle.

Note-Use this if drugd etc no longer in the vehicle but the suspect is.

25
Q

What is section 121 S & S 2012?

A

Power to stop a vehicle to conduct a search

26
Q

Discuss internal search powers under the Misuse of Drugs Amendment Act 1978?

A

May detain and search a person if they are concealing a class A or B Controlled drug for an unlawful purpose

27
Q

Discuss best practice when working with the Technical Support Unit (TSU)?

A

Notify them early to ensure:
- The best device is used
- allow time for installation
- ensure staff and resources are available
- obtain a surveillance device warrant if time permits

28
Q

Who can install audio devices and discuss their use during controlled deliveries?

A

Only Police (TSU) can install them. Contact them early and allow sufficient time to install it in the consignment.

It must be monitored even when mobile.

29
Q

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A

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