hopothetical cont. dellivery question..

[satchboogie]

lets assume a cont delivery is set up.
the package is sent to a 'jino tropin' at 100 i.u road...

when the fed (disguised as usps employee) knocks on the door, an old innocent lady answers with a smile.

the post man (fed) then says that he needs a signature for a package for jino tropin.

so the old lady tells him she'll sign it herself as jino isnt living there anymore but collects his mail there every few weeks.

what happens next:

1) does he allow her to sign for it and then arrest her for possession?

2) does he tell her that he absolutely needs jino's sig and only jino's?

 

[usa190]

skeptical satch.............. old lady and shoe fairy tale...........hmmm

 

[JuicePimp]

Chances are good they have a search warrant for the premisis that becomes effective once the package is in the house.

He lets her sign for it and take it in and then WHAM, they are kicking down the door (Or at least knocking again). If Jino is her friend or knows her, etc and has anything there, then there would likely be problems. Of course old lady will filp on jino, assuming that it is not him mom, etc. Could think of a ton of variations here, but really it probably comes down to more of what they are looking to acheive with the controlled delivery. If they think someone is dealing and want to search, then they will probably do as I said above. If they are just trying to get jino for possession, then it could go differently.

 

[jh1]

Definetly post this in the BB and the LAW forum, only because you will DEFINETLY get a response from Rick Collins on this - and no one can answer better than him.

I'll bet that it would go either way depending on the situation, cop, etc. Either way, if they know it's contraban - the end result will be an arrest of the 'real subject' and not the patsy grandma.

Besides Satch, I thought you were a good guy - not some :Freak: willing to put poor old grandma in harms way. What you got cooking?

 

[Seth28]

So your worried they are gonna cuff and stuff your grandma?

 

[sh4dowf4lcon]

I agree with JuicePimp, they would execute the warrant on a sig, and gather info on Jino later after they search the place.

 

[Mythicalbeing]

Why would anything be sent that you would sign for? I believe in tracking #'s, but there is a big diffrence when sending something insured requires a sig, and delivery confirmation which does not. Ups is ground which requires no sig and ups insured which does require a sig.

 

[HAYEZ]

ups makes you sign for everythign they deliver..i sell and buy alot fo shit on ebay and i always haev to sign for ups deliverys...usps has never asked me to sign anything when they deliver unless it is regsitered mail...regular postal shoul never ask to sign....even with delivery ocnfirmation should never ask to sign....if they did ask you to sign it i would denie the package and say i wsant expecting it and dont want it

 

[HAYEZ]

but my reply may be worthless as i dont know what i cont means

 

[little chris]

As a former Law student let me answer this.

If the feds wanna arrest jino they need the signature from jino.

Remember if granny has no intent to decieve than there is no malice intent or forethought.

To be convicted here there need be 2 things. Mens rea (the guilty mind) and actus reaus (the guilty act)

Arrest on granny is no good and it would immediatley be thrown out of court because of and acquital.

If granny was intentionally decieving the feds than she could be arrested. But if they want jino they need his sign.

 

[satchboogie]

Definetly post this in the BB and the LAW forum, only because you will DEFINETLY get a response from Rick Collins on this - and no one can answer better than him.

you're right!

would a MOD please move this to the BB AND THE LAW FORUM?

thanks in advance.

 

[mlong23]

Definetly post this in the BB and the LAW forum, only because you will DEFINETLY get a response from Rick Collins on this - and no one can answer better than him.

I don't know if that would help or not. I asked a question over there and got a 1 sentence response. Buy my book.