Surveillance Flashcards

(36 cards)

1
Q

Define controlled delivery

A

Occurs when a consignment of illicit drugs is detected, and Nz customs and police officers can deliver the goods

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2
Q

Where does the authority for controlled deliveries come from?

A

Section 12 Misuse of Dugs Amendment Act 1978

Gives power for NZ Customs to carry out controlled deliveries

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3
Q

Where does the authority to enter, search and seize controlled deliveries come from?

A

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

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4
Q

What is the role of police in controlled deliveries?

A

To arrest and prosecute

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5
Q

What are the most common importation of Drugs methods?

A
  1. International mail centre
  2. International airport
  3. Imported air freight
  4. Imported sea freight
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6
Q

What are the two options of controlled deliveries?

A
  1. Clean controlled delivery.
    No drugs left within the consignment
  2. Leave drugs within the consignment.
    Allows for possession for supply charges.
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7
Q

What to consider when picking an observation post for controlled deliveries?

A
  • camera requirements vs interception requirements
  • whether surveillance device warrant is required
  • staff having to occupy the observation post
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8
Q

What evidence are you looking for when investigating importation?

A
  • 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
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9
Q

Power to stop vehicle to search vehicle relating to controlled delivery?

A

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

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10
Q

Power to stop vehicle to arrest person

A

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
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11
Q

Define Tracking Device

A
  1. Device used to ascertain location of a person or thing
  2. Device used to detect if thing has been handled tampered or opened
  • excludes vehicles or transport
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12
Q

Two main forms of tracking device

A
  1. Beacons
  2. GPS
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13
Q

Power to use tracking device?

A

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
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14
Q

Authority for internal search and concealment

Person arrested

A

If person has been arrested for section 6,7,11 MODA 1975 for class A,B,C drugs

Section 23 SASA 2012

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15
Q

Authority for internal search and concealment

Person not arrested

A

If believe that they are concealing Class A or Class B drugs

Section 13A MODAA 1978

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16
Q

Define drug dealing offence

A

Any offence under section 6 of MODA 1975 involving Class A, B, C drugs and certain offences under the Psychoactive Substances Act 2013

17
Q

Define Private Communication

A
  1. 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

  1. Excludes communication where there is a reasonable expectation it may be intercepted without express consent of the parties involved.
18
Q

Define interception device

A
  • Any electronic, mechanical, electromagnetic, optical or electro optical equipment capable of intercepting or recording a private communication
  • excludes hearing aids
19
Q

Define visual surveillance device

A
  • Any electronic, mechanical, electromagnetic, optical, electro optical equipment capable of being used to observe and record a private activity
  • Excludes spectacles
20
Q

Types of surveillance device

A
  1. Interception device
  2. Tracking device
  3. Visual surveillance device
21
Q

What is trespass surveillance
Section 45 SASA 2012

A

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.

22
Q

What offences can you use an interception device for?

A
  • Serious offences 7 years imprisonment
  • Certain Arms Act offences
23
Q

Section 46 SASA 2012

Activities for which a surveillance device warrant is required

A
  • 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
24
Q

Section 47 SASA 2012

Activities not requiring a surveillance device warrant

A
  • 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
25
Section 48 SASA 2012 Emergency Surveillance Device without warrant
Offences - 14 years plus - Arms Act - Drug offence - Likely serious injury or damage to property and surveillance to prevent offending - Risk to life and safety of persons and surveillance required for emergency response
26
Time limit for emergency surveillance without warrant
48 hours
27
McGinty Judge Warrant
Judge not required to refuse warrant because police had not exhausted every conceivable alternative technique of investigation
28
Section 57 SASA 2012 Admissibility of EM relevant to other offences obtained as a result of surveillance device warrant
May be admissible as follows - a surveillance device warrant could have been issued or could have been lawfully used
29
Section 51 SASA 2012 Conditions for issuing Surveillance Device Warrant
Reasonable grounds to - Suspect offence has, is being, will be committed that authorises a search warrant to be applied for AND - Believe use of surveillance device will obtain evidential material AND - Restrictions in 45 do not prevent issuing surveillance device warrant
30
What does section 64 of the evidence Act 2006 grant?
Grants privilege to informers that protects their identity and extends to information that is likely to disclose that identity
31
Section 64 Evidence Act 2006 Informer Definition
Person is an informer if: - provided information to police relating to an offence and expected identity would not be disclosed - is not called as a witness in a prosecution May be an undercover Police Officer
32
McGinty Informants
Disclosure of the identity of alleged informants was not required under the act and the trial judge was corrrect in selecting information that would have lead to the identification of informants
33
Rankine Informants
It is in the public interest that nothing should be done to discourage members of the public from coming forward to provide information to the Police.
34
Reasons for withholding of intercepted communications
- Prejudice maintenance of law - Prejudice security or defence NZ - Endanger safety of person - Disclosure of personal and private information - Disclosure of privileged information
35
Evidential transcripts of interception communications
Must be verbatim copy. Can have extraneous or inadmissible evidence withheld when played back to court.
36
Key activities for telephone investigator
1. Trapping or preloading telephone data 2. TSP liaison 3. Draft Production order early 4. Proving phone ownership