Flashcards in Controlled deliveries & tracking devices Deck (18):
What is a controlled delivery?
S12 MODAmmendment act 1978Controlled deliveries are a power given to customs when they detect a consignment of illicit drugs. They allow the delivery of goods under surveillance with a view to identify the importer. Police have a role to arrest and prosecute.
What are the two options with controlled deliveries?
- Clean controlled - no drugs left, eliminates risk of drugs being lost, charges limited to importing or conspiracy - no possession.
- Leaving a small amount in consignment enables option for a charge if possession for supply, allows use of emergency powers, requires greater security.
What situations can give rise to a controlled delivery?
International mail centre
Imported air freight
Imported sea freight
Transhipped air or sea freight
Arriving commercial vessel
What should be considered in profiling a package for a controlled delivery?
- sender location
- any phone number attached or accompanying documentation
- IMEI/SIM undertaken at early stage
- telecommunication service providers portability of cell phones
-DNA / fingerprinting / handwriting / impressions / mechanical fit
- multiple packages, including dummy runs to target address or associated addresses
What should be considered in profiling the addressee prior to a controlled delivery?
- previous occupiers
- real person or false name
- connections 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
- Intel held (police/other)
- suspects knowledge of covert techniques
- suspects knowledge/ skill in technology
- suspects travel history
- financial profile
- family members, associates, vehicles, addresses and places frequented
- general lifestyle
- business associations
- tracking device for vehicles
- risk assessment
What should be considered in profiling the delivery address for a controlled delivery?
- police intel
- local council
- council plans of street and target premises
- rubbish delivery
- telecommunications providers
- timing of mail to address
- previous occupants & neighbours
- landlord/ owner of property
- police staff who have previously visited
- chis info
- fixed or mobile surveillance
- photos/videos of premises
- security inc animals
- customs powers vs police powers for obtaining information
- mail stop/flag address to capture further deliveries
- suspect may be monitoring/surveilling delivery address
- task customs to back capture previous deliveries
During the intel phase of a controlled delivery operation what things should be profiled?
Potential address for OP - address and occupants
What should be considered in profiling an address for an OP?
- proximity to target address
- uninstructed line of sight to target address
- access to and from address without arousing suspicion
- ability to beam signals and/tap into telecom cables
- phone lines available in street
- other conditions relating to the vicinity of the OP
What should be considered in profiling the occupants for an OP?
- NIA check for convictions, associations
- credit checks
- power account
- CUSMOD checks
In a search following a controlled delivery what things should be looked for as evidence?
- evidence relating to the importation
- track and trace receipts
- computers, faxes and cell phones
- contact lists/numbers
- packaging from previous importations
- money and financial records
- scales and packaging etc in relation to supply charges
- PO box documentation
- travel documentation
What are the emergency powers in relation to controlled deliveries?
Emergency powers specifically relating to controlled deliveries are found in s81 s&s2012
In the event you need to stop a vehicle
Powers are found under s121 s&s2012
S19 - search person when 4x
S20 - RGTB schedule 1, 2 or 3 part 1 or schedule 4 part 3 RGTS drugs CADD
S22 - search people as per 20
S23 - internal search
S24 - hold if declined
Where is the provision for use of tracking devices found?
How long can a tracking device be installed for without a warrant before needing to be removed or a warrant obtained?
How long can a surveillance device be installed for before needing to be removed or a warrant obtained?
Which drugs do emergency device warrants relate to?
Controlled drugs in schedule 1, part 1 of schedule 2, part 1 of schedule 3 or part 3 of schedule 4
What powers are available for an internal search for drugs?
S13A MODA - RGTB (and not arrested) - class A or B - police or customs - district court judge detainment warrant - detain for 7 days (renewable up to 21 days)
S23 S&SA - arrested under 6, 7 or 11 MODA - and RGBT - any class - police only - require suspect to permit medical practitioner - oppose bail for 2 days