Controlled Deliveries, Tracking Devices, Internal Search and Internal Concealment Flashcards
(37 cards)
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.
This is to help identify and secure evidence against those involved for the importation/exportation.
Who is allowed to undertake controlled deliveries?
Only Customs officers under S12 of the MODAA 1978.
What SSA powers are available in relation to controlled deliveries?
S12 - Allowing delivery of unlawfully imported drugs for purpose of detection.
S81 - Searches of persons, places, and vehicles relating to deliveries under S12 of MODA.
What are some methods of importation?
- International Mail Centre - Inside a mail article
- International Airport - Arriving couriers using either body packing, internal concealment or concealed within luggage
- Imported Air Freight - Within a freight consignment which can either be commercial or private
- Imported Sea Freight - As with air freight but arrive via sea
What are the two options with controlled deliveries and what are the options with regards to prosecution?
Clean controlled delivery - no drugs are left within the consignment - importation or conspiracy charges.
Leave an amount of the drug within the consignment - possession for supply. This also provides the availability of emergency powers should the drugs move to persons or places that are not covered by SWs.
What is the initial action phase of a controlled delivery?
- Assume ownership and appoint key roles
- Liaise with Customs
Consider electronic interception - Request Customs to manipulate ‘Track n Trace’
- Contact specialists
Plan operation
To conduct an electronic interception as part of a controlled delivery, what offences must apply?
It must be a controlled drug offence under S6 of MODA ‘75 or an identified offence pursuant to PSA 2013.
What roles would be appointed during the initial action phase?
- O/C Investigation
- O/C File
- O/C Exhibits
- O/C Phones
- Customs liaison officer
What services and squads should be contacted as early as possible during the initial action phase?
Surveillance/Photography/CMC/TSU.
Profile the package by considering the sender details, in particular …
(hint: phone number)
- Any phone number attached to the package
- IMEI/SIM information
- Telecommunications service providers portability of cell phones
- DNA/fingerprinting/handwriting.
Profile the delivery address by considering …
(Hint: occupants …)
- Occupants
- Local council - owner / rate payer details
- Council plans of street and target premises
- HNZ
Profile the addressee by considering …
(Hint: previous occupiers)
- Previous occupiers
- Real person or false name?
- Connections to the delivery address
- Relevant convictions, notings, and associations.
What are some things to consider for an observation post?
(Hint: Camera OP requirements …)
- Camera OP requirements vs intercept requirements (Forward Base)
- Whether a SDW is required
- The staff having to occupy the OP.
S46 details activities for which a SDW is required. What activities under S46 (c), (d), or (e) would require a SDW?
46(c): Observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device.
46(d): Use of a surveillance device that involves trespass to land or trespass to goods.
46(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 some things to consider when profiling a potential address to set up an OP?
- Proximity to target address
- Unobstructed line of sight to target address
- Access to and from address without arousing suspicion
- Phone lines available in the street
What are some things to consider when profiling the occupants of your OP?
- NIA check for convictions, associations
- Employment
- Credit checks
- Power account
What are some things to consider when approaching occupants?
- Cover story
- Protection of identity
- Room available with 24hr access
- Preferably no children
Under S6, what could a SW be issued to ‘search’?
- Known addresses
- Vehicles
- Post office boxes
- Cell phones (including text messaging) and call data.
What are the steps to repack a controlled delivery package?
1`. Liaise with the Customs Technical Unit (CTU).
- Consider your options for repacking like:
- multiple packages;
- tracking device;
- audio device;
- opening device;
- dye trap;
- covert marking of commodity.
- Consider seeking advice from the document examiner in relation to recreating packaging or identifying the photocopier used by the suspects for some commodities (eg LSD)
- Leave appropriate quantity of controlled drugs in the package but replace the rest with a placebo or a similar substance
- Photograph the package, layer by layer, and:
- use the scale rule;
- use photo labels.
During the execution of your SW, what evidence would you look for?
- Track and trace receipts
- Correspondence
- Computers, faxes and cell phones
- Emails
Detail the delivery phase and the different considerations that should be assessed.
Delivery - the emphasis is on communication
Method of delivery - consider method of delivery including:
- Re-introduce into postal system for delivery by postie
- Delivery by a courier company
- Police/Customs staff pose as postie/courier
- Consider recording the interaction
If delivery is to a PO box - consider an opening device and camera on the box
If the addressee is not at the delivery address - consider:
- Leaving the package in letter box or at the door
- Attempting delivery at a later time
- Leaving a ‘card to call’ and wait for contact from the addressee
If the addressee accepts the package - consider:
- Monitoring audio/tamper devices and crunch when package is opened
- Deciding on length of time to hold cordons
- Staff/resources
- Other operational commitments
If the package goes mobile - consider:
- Control, communication and risk
- Proximity of tracking/monitoring vehicles to target
- Crunch cars to keep back and let Surveillance relay the target’s activities
- Need for repeaters to ensure no loss of communcations
Written log: Headquarters base should always maintain a written log of all action undertaken during this phase.
What emergency power could you use to stop a vehicle / search a person during a controlled delivery operation?
S121 SSA.
S81 SSA to search a person.
If a suspect from a controlled delivery is in a vehicle which no longer contains the parcel containing the drugs, what stopping power could you use to stop the vehicle?
S9 - Stopping power for the purpose of arresting an occupant of that vehicle:
A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds -
(a) to suspect that a person - (i) is unlawfully at large; or (ii) has committed an offence punishable by imprisonment; and
(b) to believe that the person is in or on the vehicle.
Time Limit to remove Tracking Device Installed Without Warrant
72hrs
