Controlled Deliveries, Tracking Devices, Internal Search and Internal Concealment Flashcards
Powers Involved in Controlled Deliveries (3)
S12, Misuse of Drugs Amendment Act 1978 - power to undertake controlled delivery. Police assist Customs. If successful, Police make arrest and conduct the Prosecution
S12, S & S Act - Allowing delivery for purposes of detection
S81, S & S Act - Searches of persons, places and vehicles relating to deliveries under S12 of Misuse of Drugs Amendment Act
Methods of Importation
Controlled Deliveries occur in… (6)
International mail centre
International airport
Imported air freight
Imported sea freight
Transhipped air or sea freight
Arriving commercial vessel
“Clean” Controlled Delivery (5)
- No drugs left in the consignment
- No risk of losing drugs
- Greater freedom in organising surveillance
- Reduces risk of alarming targets with counter-surveillance
- Only “importation” and “conspiracy” charges are likely.
“Unclean” Controlled Delivery (6)
- Leave a small amount within the consignment
- Option of charging with “possession for supply.”
- Can use emergency powers if drugs move
- Remainder of drugs are substituted
- Any consignment containing drugs requires greater security.
- Recovery on termination is paramount.
Initial Action (6)
- Assume ownership and leadership. Appoint O/C investigation, file, exhibits, phones/interception, Customs liaison.
- Liaise early with Customs. Provide guidance on handling/exhibiting, photography.
- Consider electronic interception as part of the controlled delivery. Must be offence against S6 of MODA or offence against Psychoactive Substances Act 2013.
- Request Customs manipulate “Track and Trace.”
- Contact the following ASAP:
- Surveillance Squad
- Photography
- CMC (if conducting electronic interception)
- TSU (if not using Customs Technical Unit) - Start planning the operation, delivery operation orders, staff rosters. Must have 24/7 coverage.
Intel Phase:
Package
Address
Addressee
- Profile the package. Consider sender details:
- sender location
- phone number attached to package
- IMEI/SIM info
- telco porting of phones
- DNA, fingerprinting, handwriting, impressions, mechanical fit.
- multiple packages, including dummy runs to addresses. - Profile delivery address:
- occupants
- local council details (ratepayers, street details)
- rubbish pick-up
- Housing NZ
- Telcos
- Electric, gas supply
- Timing of mail to address
- Previous occupants, neighbours
- Landlord/owner
- Police records
- CHIS
- Surveillance, counter-surveillance
- Photos, videos
- Security
- PO Box owner details
- Task Customs to back-capture delivery records - Profile the addressee
- Previous occupiers
- Real person or fake name?
- Connections to delivery address?
- Convictions, notings, links
- Travel, connections to country of origin
- Bank accounts
- Photos
- Suspect knowledge of Police techniques
- Skills with technology.
- Financial profile, general lifestyle, business links
- Risk assessment.
Observation Post:
Identify potential address
Profile it
Profile occupants
Approach occupants
Identify a potential address. Consider:
- Camera OP requirements vs intercept requirements
- SDW required?
- Staffing numbers
Profile the potential address. Consider:
- Proximity to target address.
- Unobstructed line of sight.
- Access without arousing suspicion. Be discrete.
- Ability to beam signals, tap into telco cables (interception)
- Phone lines in street
- Parking, schools, lighting, animals
Profile occupants, Consider:
- NIA check
- Employment
- Credit checks
- Power account
- CUSMOD checks
When approaching occupants, consider:
- Cover story
- Protection of identity
- 24/7 access
- Prefer no children
- Prefer no visitors
- Gratuity “thank you” at conclusion.
Repackaging Controlled Delivery Packages (5)
- Liaise with CTU
- Consider Options for repackaging:
- multiple packages
- tracking device
- audio device
- opening device
- dye trap
- covert marking of commodity - Consider seeking advice from document examiner re recreating packaging or identifying the photocopier.
- Leave appropriate quantity of drug in the package but replace the rest with placebo or similar substance.
- Photograph the package layer by layer:
- use scale rule
- use photo labels
Delivery:
Methods
PO Boxes
Addressee does/doesn’t accept the package
Going mobile with/without package
Methods:
- Re-introduce into postal system for postie delivery.
- Deliver via courier company.
- Police/customs pose as postie or courier.
- Consider recording the interaction.
If to a PO Box, consider an opening device and camera on the box.
If the addressee is not at the delivery address:
- leave the package in letter box or at the door.
- attempt delivery at a later time.
- leave a card and wait for contact.
If addressee accepts the package:
- monitor audio/tamper devices and crunch when the package is opened.
- decide on length of time to hold cordons.
- consider staff/resources.
- consider other operational commitments
If package goes mobile, consider:
- control, communication and risk
- proximity of tracking/monitoring devices to target
- crunch cars to keep back, surveillance to relay activities
- need for repeaters (no loss of comms)
If target moves without package or vice versa, consider:
- control, communication and risk
- splitting resources and surveilling both.
- keep obs on package at all time to avoid loss of evidence/equipment.
Tracking Devices
Two Categories…
Why notify TSU early? (4)
Two categories:
-A device to help ascertain the location of a person or thing. Includes tech which determines location of someone via their cellphone or use of a thermal imaging device from the air.
-A device to detect when a thing has been handled. Requires a warrant when installation involves trespass to land or goods.
Notifying TSU early is essential to:
- discuss op requirements.
- allow for secure installation
- ensure equipment and staff are available
- obtain an SDW
Internal Search
Internal Concealment
Internal Search - S23 of S & S Act 2012. Only applies to person under arrest pursuant to S6, 7 or 11 of MODA and relates to Class A, B and C drugs.
Internal Concealment - S13A of Misuse of Drugs Amendment Act 1978. Reasonable cause to believe concealing Class A or B, but not under arrest.
If you have cause to undertake an investigation, consult district drugs and organised crime, NOCG or Customs.
Emergency Powers (5)
S 81 - Controlled deliveries
S 121 - Stop a vehicle to recover a package. Obtain a search warrant or use S 81 if impractical.
S 9 - Suspect is in a vehicle without the package - stop vehicle for purpose of arresting occupant.
Surveillance Device without SDW (up to 48 hours)
- 48(2)(e) if you suspect an offence and believe the device would obtain EM.
- 48(2)(f) believe a person possesses a thing described in S81(2)(a) to (d) and believe the device is necessary to facilitate the thing’s seizure.
Audio devices. Be aware… (4)
- SDW is required when intercepting private comms.
- By law only Police can install them.
- Device must be monitored, even when mobile.
- Allow sufficient time for installation.
