Controlled Deliveries, Tracking Devices, Internal Search and Internal Concealment

Question 1

Controlled Delivery

Answer 1

Occurs when a consignment of illicit drugs is detected in circumstances which make it possible for the drugs to be delivered under the control and surveillance of customs and police, with a view of identifying and gathering evidence again those responsible For the importation/ exportation

Question 2

Controlled Delivery

Methods of Importation

Answer 2

International Mail Centre - Inside a mail article
International Airport - Arriving couriers
Imported Air Freight - Commercial or Private
Imported Sea Freight
Transiting Air or Sea freight

Question 3

Controlled Delivery

Option 1

Answer 3

Clean controlled delivery - all drugs removed, reduces risk but limits charging to Importing and/or Conspiracy

Question 4

Controlled Delivery

Option 2

Answer 4

Leave a certain amount of drugs that amount to possession for supply charges. Provides emergency powers when outside of warrant conditions. Remainder of drugs are substituted, makes recovery on termination paramount.

Question 5

Controlled Delivery

Initial Action Phase

Answer 5

Assume ownership and appoint key roles
Liaise with Customs
Consider electronic interception
Request Customs to manipulate 'Track n Trace'
Contact specialists
Plan operation

Question 6

Controlled Delivery

Intel Phase

Answer 6

Profile package by considering sender details
- Phone details, forensic evidence

Profile delivery address
- Council info, service providers, owner/occupant details, police intel, photos/video, security

Profile the addressee
- real name, personal details, previous history, photos held, bank details, police intel, suspect knowledge, lifestyle

Question 7

Controlled Delivery

Things to consider for an observation post

Answer 7

Camera OP requirements vs intercept requirements

• Whether SDW required
• Staff to occupy OP

Profile address

• Distance/line of sight to target
• Access to address without causing suspicion
• Phone lines available
• Other conditions - parking, schools, lighting

Question 8

Controlled Delivery

Evidence Relating to Importation

Answer 8

• Track n Trace receipts
• Packaging from previous importations
• Scales and packaging (supply)
• PO box documentation
• Computers, faxes, cellphones
• Contact lists/numbers
• Correspondence
• Emails
• Passports
• Travel documentation
• Money and financial record

Question 9

Controlled Delivery

Emergency Powers

Answer 9

S81 Search and Surveillance Act 2012

(1) During course of delivery, Customs Officer or Constable may
(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).

(2) IF RGTB that the person is in possession of, or the place, craft, or vehicle contains, any 1 or more of the following:
(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.

Question 10

Provisions for Using Tracking Device

When a SDW is Required

Answer 10

S46 Search and Surveillance Act 2012

(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.

Question 11

Internal Searches

Under Arrest

Answer 11

S23 Search and Surveillance Act 2012

• Must be under arrest for offences against sections 6, 7, 11 MODA
• Constable must have RGTB person has anything secreted in their body any property that may be evidence of the offence with which they are charged or other offence against S6,7,11.
• Any class drug, Constable must request internal examination

Question 12

Internal Searches

Not Under Arrest

Answer 12

S13A Misuse of Drugs Amendment Act 1978

• Not arrested
• Constable or Customs Officer must have reasonable cause to believe
• Class A or B drug only
• Constable or Customs Officer may request warrant for detainment from District Court Judge

Question 13

Points to consider when profiling the addressee of a controlled delivery
(PRRATBIPPSSF)

Answer 13

P-Previous Occupiers
R- Real person or false name?
R- Relevant convictions/ nothings/ associates
A- Connection to delivery address
T- Travel, connections to country of origin
B- Bank details- large deposits and overseas transfers
I- ID of target if necessary
P- photographs (surveillance/ casual)
P- Police intel held (NIA/ Previous investigation)
S- Suspects knowledge around covert enforcement techniques and technology
S- suspects travel history
F-financial profile