Module Flashcards
(10 cards)
What is the criteria for issuing a surveillance device warrant (s51)
(a) there are reasonable grounds -
(i) to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this act or any enactment specified in column 2 of the schedule authorises the enforcement officer to apply for a warrant to enter premises for the purposes of obtaining evidence about the suspected offence; and
(ii) to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence; and
(b) the restrictions in s45 do not prevent the issuing of a surveillance device warrant in the circumstances
Specific provisions relating to drug offences in situations of emergency - s48(2)(e)
The enforcement officer has reasonable grounds
(i) to suspect that an offence has been committed, or is being committed, or is about to be committed in relation to a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, or Part 1 of Schedule 3 of the Misuse of Drugs Act 1975, or to a precursor substance specified or described in Part 3 of schedule 4 of the act; and
(ii) to believe the the use of the surveillance device would obtain evidential material in relation to the offence.
Activities that do not require a warrant
(a) the enforcement officer-
(i) being lawfully in private premises; and
(ii) recording what he or she observes of 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 person’s made with the consent of at least 1 ofbthem
(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
Importation
In relation to any goods, means the arrival of the goods in NZ in any manner, whether lawfully or unlawfully, from a point outside nz
What is wilful blindness
Proof that the defendant deliberately turned a blind eye to the facts. That the defendant has their suspicions but deliberately refrained from making enquiries because they wanted to remain in ignorance
Define produce
To produce means to bring something into being, or to bring something into existence from its raw materials or elements
Define manufacture
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.
Unplanned entry to clan labs - list 5 things Police should do
Immediately remove persons of interest from the premises
Isolate the site and maintain a safety perimeter
Preserve the crime scene
Notify duty inspector or Duty NCO, contact NCLRT
Seek advice from NCLRT member or the fire service about decontamination procedures
Occupants and staff who entered the address are to remain separated until decontamination issues have been addressed
Seek medical advice if you experience any adverse effects
What is the definition of a drug dealing offence - S3 of the Bail Act 2000
Drug dealing offence means -
(a) any offence against S6 or S12C(1)(a) of MODA 1975 in relation to a Class A or Class B controlled drug; or
(b) an attempt to commit an offence referred to in paragraph (a)
What is a controlled delivery?
A controlled delivery occurs when a consignment of illicit drugs is detected, often concealed in 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, with a view to identifying and securing evidence against those involved for the importation/exportation. This could also incorporate couriers caught body packing or travelling with drugs concealed within their luggage
