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CIB Modules September 2019 > Drugs > Flashcards

Flashcards in Drugs Deck (59)
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1

Initial Action Steps upon notification from customs of a package

ALCARP

1) Assume ownership & appoint Key Roles O/C File, Investigation, Phones/electronics, Custom Liason, Exhibits (FIPCE)
2) Liaise with Customs O/C exhibits - Provide guidance over handling of exhibits, photographing etc .
3) Consider an electronic interception as part of delivery (Class A or B. Or C Under S6)
4) Ask custom to manipulate the 'track n trace' system so subject not alerted.
5) Request support of Surveillance, Photogrphy, CMC, TSU
6) Plan the operation - Op orders, roster etc (can run for days or weeks)

2

Methods to be used when profiling the package for controlled delivery

PIPSMD

-Phone numbers attached
-IMEI/Sim
-Phone company porting
-Sender location
-Multiple packages
-DNA, Fingerprints, handwriting, impressions

3

When profiling an address for controlled delivery consider

NOCRHOPS

-NIA - Intel applications
-Occupants
-Council plans
-Rubbish delivery – date / time
-Housing New Zealand
-Other staff enquiries
-Photos
-Security

4

When profiling an addressee/target for controlled delivery consider

PORC TCB

-Previous occupiers
-Other agency Info
-Real person or false name?
-Connections to delivery address
-Travel
-Convictions / notings / associations
-Bank accounts

5

3 Considerations when setting up an OP

• camera OP requirements versus intercept requirements
• whether surveillance device warrant required
• the staff having to occupy the OP

6

When do you require a SDW?

Section/Elements

S46 S & S 2012

c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device

(d) use of a surveillance device that involves trespass to land or trespass to goods:

(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

7

Profiling a potential address for OP - considerations

PAPAU

Proximity to target address
Access to and from address without arousing suspicion
Phone lines available in street
Ability to beam signals and/or tap into Telecom cables
Unobstructed line of sight

8

5 Steps re packing controlled delivery packages

LOSPL
Customs retain responsibility

1- Liaise with customs tech unit CTU
2-Options for package (Tracking or audio device, Dye trap)
3-Seek advice from Doc Examiner to recreate packaging (LSD)
4-Photograph with scale ruler
5-Leave quantity of drugs and replace the rest with placebo

9

4 x Methods of delivery

Postie
Courier Company
Police / Customs staff pose as postie / courier
Camera in a PO box

(Consider recording the interaction)

10

Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978

Search and Surveillance Section 81

In the circumstances set out in subsection (2), a constable or a Customs officer may, during the course of a delivery in relation to which a Customs officer has exercised his or her powers under section 12 of the Misuse of Drugs Amendment Act 1978, do any or all of the following without a warrant:

(a)
search a person involved in a delivery under section 12 of the Misuse of Drugs Amendment Act 1978:

(b)
enter and search any place, craft, or vehicle:

(c)
seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2).

Section 2

(a)
a controlled drug:

(b)
a precursor substance:


(c)
a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or precursor substance:


(d)
evidential material in relation to the commission of an offence under section 6(1)(a) or 12AB of the Misuse of Drugs Act 1975.

11

S121 - S&S

Stopping a vehicle for the purpose of conducting a warrantless search

12

Emergency Power relating to SDW

Section 48(2) - S&S 2012

(a) - RGTS 14 + offence has, is being, about to be committed and RGTB EM will be obtained with SD
(b) - RGTS 1 or circs set out in this section exist and RGTB SD necessary to prevent offending
(c) - RGTS 1 or more circs in 18(2) exist RGTB SD necessary to facilitate seizure of arms
(d) - RGTS Cat 3 or 4 against arms act, has, is being or about to be committed and RGTB SD with obtain EM
(e) - RGTS offence has, is being, about to be committed in relation to Controlled Drugs, Schedule 1, Pt 1 Sched 2, Pt 1 Sched 3, or Pt 3 sched 4 (Pre Cursor) and RGTB SD with obtain EM
(f) - RGTS person in possessio n of 1 or more things described in 81(2) and RGTB that SD is necessary to facilitate seizure

13

Differances between MODA and S and S internal searches

MODA
-Must have RCTB and not K9'd.
-Class A or B.
-Constable or Customs officer
-District court judge for detention warrant

S and S
-Must be K9'd for S6 7 or 11 of MODA
- Any class of drug
-Constable only
-Require suspect to permit medical practitioner

14

Definition of Drug dealing offence

A drug dealing offence is any offence against s6 of the Misuse of Drugs Act 1975 which involves Class A or B controlled drugs (Class C and precursors not included)

15

Definition of evidential material

Means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation

16

Definition of Private Communication

A communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication

Excludes when a person ought to expect that the communication be intercepted by some other person without having the consent to do so.

17

Definition of interception device

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 or record a private communication

Excludes hearing aids or device used to correct hearing

18

Definition of visual surveillance device

Any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, a private activity

Excludes spectacles, contacts etc used to correct vision

19

Definition of surveillance device

3 things

A device that is any 1 or more of the following kinds of devices:
(a) an interception device:
(b) a tracking device:
(c) a visual surveillance device.

20

Definition of tracking device

(a) means a device that may be used to help ascertain, by either or both of the following:
(i) the location of a thing or a person:
(ii) whether a thing has been opened, tampered with, or in some other way dealt with; but
(b) does not include a vehicle or other means of transport, such as a boat or helicopter.

21

A serious offence in relation to trespass surveillance is

An offence punishable by 7 years imprisonment or more.

Must reach this thresh hold for visual surveillance

22

Activities for which a SDW is required

Section/Elements

S46(1) Search and Surveillance Act 2012

(1) Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:

(a) use of an interception device to intercept a private communication:
(b) 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 to goods:
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
(d) use of a surveillance device that involves trespass to land or trespass to goods:
(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.

23

Activities that do not require a SDW

S47 Search and Surveillance Act 2012

(a) the enforcement officer—
(i) being lawfully in private premises; and
(ii) recording what he or she observes or hears there (provided that the enforcement officer records only those matters that he or she could see or hear without the use of a surveillance device):
(b) covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them:
(d) activities carried out by the enforcement officer's use of a surveillance device, if that use is authorised under any enactment other than this Act.

24

Exception to obtaining a SDW to record communication

When consent is obtained by at least one of the parties to covertly record a voluntary oral communication made between that person and others involved in the communication

25

R V McGINTY
Issuing of a SDW

The evidence in the present case of continued heroin dealing, in respect of which the orthodox techniques such as searching premises and following vehicles had been tried without success, was sufficient. A Judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation.

26

S57 Search and Surveillance

Admissibility of evidence - If any other offences are detected under a SDW they are admissible provided it was an offence for which a SDW could have been obtained.

27

R v McGinty - CHIS

Disclosure of the identity of alleged informants was not required under the Act, and the trial Judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of informants. However, the trial Judge was entitled to insist on disclosure if he saw fit.

28

Section 64 Evidence Act 2006

(1) An informer has a privilege in respect of information that would disclose their identity.
(2) A person is an informer for the purposes of this section if the person -
(a) has supplied, gratuitously or for reward, information to an enforcement agency, or to a representative of an enforcement agency, concerning the possible or actual commission of an offence in circumstances in which the person has a reasonable expectation that his or her identity will not be disclosed; and
(b) is not called as a witness by the prosecution to give evidence relating to that information.
(3) An informer may be a member of the police working undercover.

29

4 things required to be included in a SDW application under Section 49 S&S

Name of applicant
Grounds on which application is made
Suspected offence
Type of surveillance
Type of evidential material

30

Who can carry out a SDW?

Any or all of the persons directed or anyone called upon to help. (Supervision required)

An enforcement officer may apply for one.