Questions 04 Flashcards
Who leads the controlled drug delivery operation?
Power to undertake a controlled delivery is vested in a Customs Officer only, under s12 of the MODAA78.
Police assist Customs when a controlled delivery operation is undertaken.
In the event that the controlled delivery operation is successful Police make the arrest and conduct the prosecution.
4 ways controlled deliveries can come about
- International Mail Centre – Inside a mail article
- International Airport – Arriving courier using either body packing, internal concealment or concealed within luggage
- Imported air freight - Within a freight consignment which can be either commercial or private.
- Imported sea freight – As with air freight but arrive via sea.
- Transhipped air or sea freight – Transiting through New Zealand with a final destination in another country.
- Arriving commercial vessel – Hidden on board or attached to a vessel that is either unloading or picking up cargo from New Zealand before continuing onto another country
4 things to consider with an Observation Post for controlled delivery
- Proximity to target address – close enough to be effective, far enough away to be unobstructive.
- Unobstructed line of sight to target address
- Access to and from address without arousing suspicion (consider equipment and staff that will need to discretely enter and leave the address).
- Ability to beam signals and/or tap into Telecom cables (video and audio interception) Phone lines available in street.
- Other conditions relating to the vicinity of the OP, eg parking, schools, other neighbourhood activities, lighting and animals.
Points to consider when profiling the addressee of a controlled delivery
- Previous occupiers
.2 Real person or false name - Connection to delivery address
- Relevant convictions/notings/associations
- Travel/connections to country of origin
- Bank accounts – large deposits, overseas transfers
- Full ID of target if possible
- Photographs (casual/formal surveillance)
- Police intelligence held (NIA, previous investigations, MO section, IMP, arresting officers)
- Suspect’s knowledge surrounding covert enforcement techniques
- Suspect’s knowledge/skill surrounding technology (phones, faxes, computers etc)
- Suspect’s travel history including passport holdings
Other agency intelligence held (Fisheries, Customs, Immigration, Internal Affairs etc) - Financial profile
14 Family members/associates/vehicles/addresses and places frequented - General lifestyle (sports and other interests)
- Business associations
- Tracking device for vehicles – variety of options
- Risk assessment – firearms required
Internal search differences what is the standard of proof
Sec 13A MODA vs Sec 23 S and S
Standard of proof:
S13A - Reasonable cause to believe (and not arrested)
S23 - Must be under arrest for offences against s6, 7 or 11 of MODA. Constable must have RGB person has secreted within body any property that may be evidence of the offence with which person is charged or other offence against s6, 7 or 11
MODA (s23(2)(b)).
Class of drugs:
S13A - Must be Class A or B.
S23 - Any Class. Arrestable under s6, 7, 11 (ie. A, B or C).
Search for:
S13A - Only Class A or B drugs secreted for unlawful purpose.
S23 - Class A, B or C and any property that may be evidence of offence for which charged,
or property of which possession constitutes offence against s6, 7 or 11.
Who may request?
S13A - Any Constable or Customs Officer.
S23 - Constable.
Who do they request?
S13A - District Court judge for a Detention Warrant.
S23 - Require suspect to permit medical practitioner to conduct internal examination.
Type of medical practitioner:
S13A - Aproved by Commissioner of Police or Chief Executive of Customs.
S23 - Nominated for the purpose by the constable.
Detention time limit:
S13A - 7 days – renewable in periods of 7 days to maximum of 21 days.
S23 - Suspect fails to permit examination and Court satisfied that requirement for internal examination properly made on reasonable grounds. Then Court may decline to consider bail application and order continued detention in Police custody until the earlier of 2 days after day on which internal examination was required or the person permits the examination to occur.
Disclosure of evidential transcript at court
Analysis of the intercepted communications, (also referred to as ‘sessions’), are painstaking, and require patience, dedication and attention to detail.
Each session is carefully analysed and a transcript of all relevant evidence is made. The transcript must be a verbatim copy of the recorded version of the conversation.
However, when it is presented to the Court, the recording will be played back in such a manner that extraneous or inadmissible evidence is not disclosed.
4 things that must be done in the first 24 hours for O/C phone
- Trapping or pre loading phone data
- TSP liason
- Draft a production order application early
- No Search Warrant required for Emergency situations
- Analysts
- Proving phone ownership
Evidential material definition
In relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.
(SA) Interception device definition
(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 orvrecord a private communication (including a telecommunication); 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.
Requirement for using a surveillance device for interception or trespass
A serious offence – an offence punishable by 7 years of imprisonment or more (or against certain sections of the Arms Act).
