Another Controlled Delivery?/'s

[pittbull7]

Hello All.
I am new to the board but not new to the game.TY for having me.I belong to several other boards but frankly I have not had much access to legal info and this is a great forum.
I have a few legal questions i was hoping I could have answered.
1.Do all controlled deliveries require the subject to sign for the package in order to facilitate a warrants execution?
2.Does having a "pack" addressed to a fake name to your receiving addy assist in your defense if the answer to the first question is 'no' and you place RTS on the package and do not open it immediately? i.e. you receive a pack and immediately place "Return To Sender" on it and keep it by the door of your home,office, etc?Will this aid in your defense as to a claim that you did not know what was in the received package and you had every intention on taking it back to the post office?
3. What is a safe amon of time to open the pack assuming that it was delivered w/o a required sig AND a controlled delivery can be executed w/o one.
I really am ignorant on this so if this/these questions seem a little uninformed thay are lol. I have been told that a controlled delivery does not need to have a signature signed in regards to the pack to attempt to affect an arrest/search. TY in advance for your help and expertise.

 

[plethos]

Hello All.
I am new to the board but not new to the game.TY for having me.I belong to several other boards but frankly I have not had much access to legal info and this is a great forum.
I have a few legal questions i was hoping I could have answered.
1.Do all controlled deliveries require the subject to sign for the package in order to facilitate a warrants execution?
2.Does having a "pack" addressed to a fake name to your receiving addy assist in your defense if the answer to the first question is 'no' and you place RTS on the package and do not open it immediately? i.e. you receive a pack and immediately place "Return To Sender" on it and keep it by the door of your home,office, etc?Will this aid in your defense as to a claim that you did not know what was in the received package and you had every intention on taking it back to the post office?
3. What is a safe amon of time to open the pack assuming that it was delivered w/o a required sig AND a controlled delivery can be executed w/o one.
I really am ignorant on this so if this/these questions seem a little uninformed thay are lol. I have been told that a controlled delivery does not need to have a signature signed in regards to the pack to attempt to affect an arrest/search. TY in advance for your help and expertise.

1)Nope, signature is proof you accepted but an officer's testimony is enough. When they raided my house they never asked for a signature. Legal Muscle tells of a case where a cop tried to throw the package in the house as the door was being closed.
2)Package not being in your name and writing "return to sender" will probably assist your case, but the search warrant will still be good if you took the package.
3)If you accept the package there will be probable cause to search your house, most busts are made on what is found in the house- not what was in the package. Although if you opened the package and didn't get rid of it or notify police within a reasonable amount of time (not sure how long, maybe 15 mins or half hour however long a jury would believe is reasonable) they might be able to convict you of possession of what is in the package, or at least twist your arm into a plea bargain. They can't search your house at night without special permission, so most likely that morning or afternoon of the delivery they will raid your house. After 10pm or so it would probably be safe to open the package without any trouble over the contents, unless they decide to search the next day of course- which is very unlikely, although maybe more likely with a transmitter (which is rare anyway).

Look for certain red flags:
1) raids are usually done in the morning to capitalize on the element of surprise, generally before the mailman comes
2)the deliverer will most likely be someone other than your usual mailman
3)package would most likely arrive late
4)Even if the package was supposed to be put in your mailbox it will probably be delivered to your door, since the police don't usually want to sit around all day.

If you suspect a controlled devery the best thing you could do for yourself is not accept, because then they most likely can't raid your house and have no case. If you accept or they bust you anyway the best thing you could do is invoke your rights to a lawyer and to stay silent. 84% of people waive these rights and it always hurts their case when they do so, so don't be a statistic. Get a good lawyer and beware of jailhouse snitches. They will interrogate everybody that knows you, so the least they know the better.

 

[pittbull7]

wow thank you very much for the info..very informative....

 

[MrSebastian]

Use UPS or FedEx, you can get anything with those suckers. You cannot begin to imagine the stuff I have received with those two services. I have stopped now, am too young to be in jail of course.

 

[Singleton]

Yeah but UPS might break your package. I've had quite a few problems using UPS. I've received broken boxes a few times, once for electronics and once for vitamins.

If the package gets broken and they can see something illegal in it, it might be a problem.

 

[plethos]

Use UPS or FedEx, you can get anything with those suckers. You cannot begin to imagine the stuff I have received with those two services. I have stopped now, am too young to be in jail of course.

USPS needs a warrant to search your mail, UPS does not. I'm not sure about Fedex.

 

[ROID WARRIOR]

FedEx, Airborne Express, DHL, and UPS are all private carriers. They are not government actors, as a result they may search a package without violating the Fourth Amendment right against unreasonable searches and seizures.

RW

 

[tee]

Re: Re: Another Controlled Delivery?/'s

3)If you accept the package there will be probable cause to search your house, most busts are made on what is found in the house- not what was in the package. Although if you opened the package and didn't get rid of it or notify police within a reasonable amount of time (not sure how long, maybe 15 mins or half hour however long a jury would believe is reasonable) they might be able to convict you of possession of what is in the package, or at least twist your arm into a plea bargain. They can't search your house at night without special permission, so most likely that morning or afternoon of the delivery they will raid your house. After 10pm or so it would probably be safe to open the package without any trouble over the contents, unless they decide to search the next day of course- which is very unlikely, although maybe more likely with a transmitter (which is rare anyway).

Look for certain red flags:
1) raids are usually done in the morning to capitalize on the element of surprise, generally before the mailman comes
2)the deliverer will most likely be someone other than your usual mailman
3)package would most likely arrive late
4)Even if the package was supposed to be put in your mailbox it will probably be delivered to your door, since the police don't usually want to sit around all day.

If you suspect a controlled devery the best thing you could do for yourself is not accept, because then they most likely can't raid your house and have no case. If you accept or they bust you anyway the best thing you could do is invoke your rights to a lawyer and to stay silent. 84% of people waive these rights and it always hurts their case when they do so, so don't be a statistic. Get a good lawyer and beware of jailhouse snitches. They will interrogate everybody that knows you, so the least they know the better.

I'm not sure what state you are in, but where I'm at, the police can search your house at any time of day or night. I believe this is true no matter where you are in the USA. Someone correct me if I'm wrong. The search warrant is also good for 10 days in my state. I know that can vary from state to state though. As far as the transmitter goes, they use those all the time too where I'm located. That is what they tried to use on my bro. He never opened the package and even tried to chase the mail carrier (Undercover wanna-be cop) down to give it back. They raided his home anyways and got nothing illegal. I guess that pissed them off so they charged him with possession of the unopened package that was not even inside the residence. Pretty thin & chicken shit if you ask me, but it still will cost him thousands to win.

 

[plethos]

Don't know about your state, but according to Legal Muscle the Supreme Court historically has had a loathing for nighttime searches, in Monroe v. Pope the Supreme Court characterized them as "evil in it's most obnoxious form."

 

[tee]

I don't know about that case you cited, but that sure isnt what the cops around here are doing. I would have to say that from the cops I know & have spoken with, they serve around 80% or more of them at night. They said this is because they are sure that the resident will be home and asleep. Supposedly this makes it safer for them, as well as the the suspect.

 

[ROID WARRIOR]

Warrant service can be done at night. When applying to the court for the warrant, law enforcement must articulate in the supporting affidavit the necessity for such. Offhand, I believe this requirment has been codified under the federal law in FRCP Sec. 41. In any event, this is discussed in LEGAL MUSCLE.

RW

 

[tee]

Most states do require the police to explain in their affidavit why a nighttime warrant needed. The keyword is, "Most." Unfortunately, my state does not require that.