What is a controlled delivery?
When a consignment of illicit drugs is detected, often concealed in some other goods, in circumstances making it possible for the delivery of those goods to be made under the control and surveillance of NZ Customs and Police Officers, to identify and secure evidence against those involved in the importation.
Who has the power to undertake a controlled delivery?
Customs officer only under Section 12 Misuse of Drug Amendment Act 1978.
Police assist. Police make arrest and conduct the prosecution.
List the 2 relevant Sections of the Misuse of Drugs Amendment Act 1978 in relation to controlled deliveries:
Section 12 - Allowing delivery of unlawfully imported drugs (or precursor) for the purpose of detection
Section 81 - Searches of persons, places and vehicles relating to deliveries under Section 12
3 examples of when you could do a controlled delivery:
- Inside a mail article
- Within a freight consignment which can be either commercial or private (air or sea freight)
- Hidden on board or attached to vessel
Explain a “clean controlled delivery”, and the pros and cons of this tactic:
No drugs are left within the consignment. This eliminates the risk of the drugs being lost but also gives greater freedom in organising surveillance and reduces the risk of alarming the targets.
However, at termination only import or conspiracy charges can be laid.
Explain Option 2 regarding a “clean controlled deliver”:
Leave an amount of the drug within the consignment to enable the option of charging with possession for supply and also provides emergency powers should the drugs move to persons or places that are not covered by search warrants.
What kind of controlled delivery is prefereable? and what could affect your ability to complete that kind of delivery?
Usually a “clean controlled delivery” however the nature of the concealment or the size can sometimes make the removal and substitution impossible.
6 Initial action steps once you have been notified by customs on the detection of a package
- Assume leadership and appoint roles (O/C investigation, file, exhibits)
- Liaise with customs
- Consider whether to conduct an electronic interception as part of the controlled delivery
- Request customs to manipulate the ‘Track and trace’ system
- Contact surveillance, photography, CMC, TSU
- Start planning the operation
What should you consider regarding the sender details on the package?
- Sender location
- Phone number attached
- IMEI/SIM information
- Telecommunication
- DNA/fingerprinting/handwriting
- Multiple packages
List 5 things you can check with Police intelligence application when profiling the delivery address for controlled delivery:
- Occupants
- Housing NZ
- Previous occupants and neighbours
- Landlord/owner of property
- CHIS
- Photos
List 5 things to consider when profiling the addressee (controlled delivery):
- Real person or false name?
- Connections to delivery address
- Relevant convictions/notings
- Travel connections
- Police intel (NIA)
What to consider for the OP?
- Camera OP requirements versus intercept requirements
- Whether an SDW is required
- The staff to occupy OP
What do you need a surveillance device warrant for?
- Obs of private activity in private premise and any recording of that observation by means of visual surveillance device
- Use of surveillance device that involves trespass
- 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 the goods
- Obs of private activity on the curtilage of private premises and any recording and the duration of the obs, for 1 investigation or connected investigation exceeds:
(i) 3 hours in any 24 hour period
(ii) 8 hours total
List 3 ways to profile a suitable OP address:
- Proximity to target address (close enough to be effective, far enough to be unobtrusive)
- Unobstructed line of sight
- Access to and from address without arousing suspicion
What to consider and check when profiling the occupants of an OP address?
- NIA check for convictions, associations
- Employment
- Credit checks
Things to consider when approaching occupants of an OP address:
- Cover story
- Protection of identity
- Room available 24-hour access
- Preferably no children
What to consider when repacking controlled delivery packages
- Liaise with the Customs Technical Unit
- Consider your options for repacking: Tracking device, Audio device, Dye trap
- Consider seeking advice from the document examiner
- Leave appropriate quantity of controlled drugs in the package but replace the rest with a placebo.
- Photograph the package, layer by layer
Search Warrants under S6 of SnS Act may be issued in relation to a controlled delivery. This could include what?
- Known addresses
- Vehicles
- Post Office boxes
- Cellphones
What evidence could you be searching for in relation to importation?
- Track and trace receipts
- Correspondence
- Cell phones
- Emails
- Packaging from previous importations
- Contact lists
What must an SDW contain?
The name and address or
other description of the person, place, vehicle or thing
What is the emphasis on the controlled delivery phase and what is the key element:
Emphasis on Control and Risk management
Key element is communication
3 examples of methods of delivery for controlled delivery:
- Re-introduce into postal system for delivery by postie
- Deliver by courier company
- Police/Customs staff pose as postie/courier
What to consider if the delivery is to a PO box:
An opening device and camera on the box
What to consider if the addressee is not at the delivery address:
- Leaving package in letterbox or at door
- Attempting delivery at a later time
- Leaving a call card
-
Section 6(1)(a)25
-
Section 6(1)(b) and (1)(c)22
-
Section 6(1)(d), (e) and (f)30
-
Conspiring and Equipment17
-
Controlled deliveries27
-
Tracking19
-
Interception20
-
Interception 213
-
Electronic Operations in Practice10
-
Clan Labs13
-
Prosecution Procedure14
-
Bail and Analysis of evidence17
-
Police9
-
Caselaw9
-
Definitions16
-
IMPORTANT15
-
IMPORTANT15
-
IMPORTANT15
