Surveillance Flashcards
(36 cards)
Define controlled delivery
Occurs when a consignment of illicit drugs is detected, and Nz customs and police officers can deliver the goods
Where does the authority for controlled deliveries come from?
Section 12 Misuse of Dugs Amendment Act 1978
Gives power for NZ Customs to carry out controlled deliveries
Where does the authority to enter, search and seize controlled deliveries come from?
Section 81 SASA 2012 provides the emergency powers to enter, search and seize evidential material on persons, places and vehicles relating to controlled deliveries under MODAA 1978
What is the role of police in controlled deliveries?
To arrest and prosecute
What are the most common importation of Drugs methods?
- International mail centre
- International airport
- Imported air freight
- Imported sea freight
What are the two options of controlled deliveries?
- Clean controlled delivery.
No drugs left within the consignment - Leave drugs within the consignment.
Allows for possession for supply charges.
What to consider when picking an observation post for controlled deliveries?
- camera requirements vs interception requirements
- whether surveillance device warrant is required
- staff having to occupy the observation post
What evidence are you looking for when investigating importation?
- Track and Trace receipts
- Correspondence
- Emails
- Computers, cell phone
- Contact lists / numbers
- Previous importation packaging
- Scales and packaging relating to supply
- Travel documents
- PO Box documents
Power to stop vehicle to search vehicle relating to controlled delivery?
Section 121 SASA 2012
Power to stop vehicle to carry out search under enactment
Search conducted under 81 SASA 2012 which allows search of vehicle under 12 MODAA 1978
Power to stop vehicle to arrest person
Section 9 SASA 2012
- Power to stop vehicle to effect arrest of occupant
- suspect unlawfully at large or committed imprisonable offence and believe in vehicle
Define Tracking Device
- Device used to ascertain location of a person or thing
- Device used to detect if thing has been handled tampered or opened
- excludes vehicles or transport
Two main forms of tracking device
- Beacons
- GPS
Power to use tracking device?
Section 46 SASA 2012
SDW required to:
- use tracking device
~ except if installed to ascertain if a thing has been opened or tampered with and installation does not trespass on land or goods - use surveillance device (includes tracking device) and involves trespass to land or goods
Authority for internal search and concealment
Person arrested
If person has been arrested for section 6,7,11 MODA 1975 for class A,B,C drugs
Section 23 SASA 2012
Authority for internal search and concealment
Person not arrested
If believe that they are concealing Class A or Class B drugs
Section 13A MODAA 1978
Define drug dealing offence
Any offence under section 6 of MODA 1975 involving Class A, B, C drugs and certain offences under the Psychoactive Substances Act 2013
Define Private Communication
- Communication made under circumstances reasonably taken to indicate that any party desires that it remains between the parties involved in the communication.
Oral written and telecommunication
- Excludes communication where there is a reasonable expectation it may be intercepted without express consent of the parties involved.
Define interception device
- Any electronic, mechanical, electromagnetic, optical or electro optical equipment capable of intercepting or recording a private communication
- excludes hearing aids
Define visual surveillance device
- Any electronic, mechanical, electromagnetic, optical, electro optical equipment capable of being used to observe and record a private activity
- Excludes spectacles
Types of surveillance device
- Interception device
- Tracking device
- Visual surveillance device
What is trespass surveillance
Section 45 SASA 2012
Surveillance is unlawful if it involves trespass on land or goods.
Except if it is collecting evidential material relating to a serious offence of 7 years imprisonment or more.
What offences can you use an interception device for?
- Serious offences 7 years imprisonment
- Certain Arms Act offences
Section 46 SASA 2012
Activities for which a surveillance device warrant is required
- Interception device for private communication
- Tracking device (except a tampering device and where no trespass is required)
- Surveillance requiring trespass
- Observe and record private activity in private premises by visual surveillance device
- Observe private activity in the cartilage of private property and recording
~ more than 3 hours in 24 hours
~ more than 8 hours total
Section 47 SASA 2012
Activities not requiring a surveillance device warrant
- Officer lawfully in private premise and recording what they hear and observe (no surveillance device)
- covert recording of private communication with consent of one party involved in the communication
- Activities carried out by use of Surveillance device is authorised under any enactment
- recording activity in the curtilage of private property < 3 hours in 24 hours or < 8 hours total