6. Final cards to learn Flashcards
1
Define ‘Controlled Delivery’
Occurs when a consignment of illicit drugs is detected, making it possible for the delivery of those goods to be made under the control and surveillance of NZ Customs and Police Officers.
Controlled Delivery
Detail the 3 profiling steps re the ‘Initial Action Phase’ in terms of an importer when a detection of a package occurs.
Profile package by considering sender details
- Phone details (IMEI, SIM, call data), forensic evidence (DNA/Fingerprinting/Handwriting)
Profile delivery address
- Local Council info, owner/occupant details, police intel, photos/video of premises
Profile the addressee
- previous occupiers, real person or false name? connections to delivery address, relevant convictions / notings / associations
Controlled Delivery
Explain your Emergency Powers pursuant to S81 Search and Surveillance Act 2012
(1) During course of delivery, Customs Officer or Constable may
(a) search a person involved in a delivery under section 12 of the Misuse of Drugs Amendment Act 1978:
(b) enter and search any place, craft, or vehicle:
(c) seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2).
(2) IF RGTB that the person is in possession of, or the place, craft, or vehicle contains, any 1 or more of the following:
(a) a controlled drug:
(b) a precursor substance:
(c) a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or precursor substance:
(d) evidential material in relation to the commission of an offence under section 6(1)(a) or 12AB of the Misuse of Drugs Act 1975.
Activities for which a surveillance device warrant is required (List 4)
S46 Search and Surveillance Act 2012
(a) use of an interception device to intercept a private communication:
(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:
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
(d) use of a surveillance device that involves trespass to land or trespass to goods:
(e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds:
(i) 3 hours in any 24-hour period; or
(ii) 8 hours in total.
What are the specific provisions relating to drug offences in situations of emergency powers (s48)
Section 48(2)(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:”
Alternative Investigation Techniques
Case Law
R v Mcginty
R v McGinty
Investigation into 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.
What was held in ‘R v McGinty’ re Protection of CHIS Identity and Information
‘R v McGinty ‘
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.
S51 Search and Surveillance Act 2012
What is the criteria for issuing SDW0
(i) RGTS that an offence has been committed, or is being committed, or will be committed.
(ii) RGTB that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence; and
(b) the restrictions in section 45 do not prevent the issuing of a surveillance device warrant in the circumstances.
Intercepted communications may be relevant by definition but withheld by police on one or a combination of the following grounds:
- disclosure of the information is likely to endanger the safety of any person or people
- disclosure of the information is likely to prejudice the security or defence of New Zealand.
- disclosure of personal and private information
- disclosure of privileged information
If appointed O/C Telco, what are the three things you should be considering in the first 24 hours of the investigation?
- Trap or ‘pre-load’ phone data
- Identify TSP liaison
- Draft a production order application early
What is a drug dealing offence
(a) any offence against section 6 or 12C(1)(a) of the MODA1975 in relation to a Class A & B Controlled Drugs or
(b) an attempt to commit an offence referred to in paragraph
What is the definition of ‘emergency’ in s135 of the Hazardous Substances and New Organisms Act 1996?
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
What must the crown prove when dealing with the offence of ‘Supplies Equipment/Precursors’ Section 12A(1) MODA1975? (Supplied, Capable, Knowledge)
(3 things)
- That the defendant has supplied, produced or manufactured equipment, material or precursors
- That those items are capable of being used in the production, manufacture, and cultivation of controlled drugs/plants
- Defendant knows those items are to be used for such an offence by another person
Possession of Equipment/Precursors etc Section 12A(2)
Crown must prove (3 things)
- That the defendant has equipment, materials or precursors in his possession
- That those items are capable of being used in the production, manufacture, or cultivation of controlled drugs/plants.
- That the defendant has the intention that those items are to be used for such an offence, either by himself or another person
Possession of Equipment/Precursors etc Section 12A(2)
Crown must prove (3 things)
- That the defendant has equipment, materials or precursors in his possession
- That those items are capable of being used in the production, manufacture, or cultivation of controlled drugs/plants.
- That the defendant has the intention that those items are to be used for such an offence, either by himself or another person
