nycdefender - question regarding receiving shipments

[decem]

nycdefender, i read your reply post to the Busted - Need Help!!! thread and would like to exploit your legal expertise as well, if you'll allow for it.

my question is regarding receiving shipments through the mail from a domestic source and the legalities surrounding any type of bust that might occur.

when receiving goods through mail from a domestic source - and the feds/local pd are somehow onto the shipment (either through a source that was busted and is collaborating OR by a sting operation where fbi poses as a source) - upon receipt of a package that does not need to be signed for (either from a po box or mailbox):

1. are there any actions that can be taken to reduce any legal action/charges/indictments when receiving a shipment from a domestic source?
2. what is considered to be a quantity that would be deemed so large that the recipient has "intent to sell"?
3. within what time frame could you expect the law to come knocking, upon pick up, 1 day, 2 days?
4. will they come with a warranty handy?
5. if they have a warrant, yet the box remains upopened by the door marked "return to sender", is it likely that they'll still do a thorough search of the house?
6. if the recipient and object of the warrant has a stash of steroids other than the package, can the package be stuck on the indictment as well?

any info you can give would be extremely helpful.

 

[decem]

bumping for nycdefender.

 

[decem]

bumping again to keep up at the top of the list.

 

[nycdefender]

Huge set of questions. I will do my best to answer each of the questions, but some of the information is just not within my expertise.

1. I'm not sure of how to answer the question. To reduce your liability upon accepting a package: make sure it is a small shipment to avoid the more serious charge of possession with intent to sell/distribute charges. Don't sign for the package b/c it's easier to show your knowledge of the package's contents. But this is all information that has been posted before. To reduce your liability if you are busted, don't try to explain to law enforcement that the package just contains an amount for personal use. Just remain silent and demand a lawyer be present for questioning. Law enforcement is not going to take it any easier on you because you confess to the crime. A confession just makes it easier to prove a case against you.

2. I think you want your question to read, "What is the minimum amount of steroids that would trigger a possession with intent charge?" Unfortunately, the minimum to trigger the charge depends upon the jurisdiction in which you reside and the prosecutor's discretion. I'm sorry that I can't be very specific about a quantity.

3. My understanding of busts upon pickup of a package depends upon what role law enforcement thinks you play--possessor, small-time seller, a big fish. The vast majority of busts occur within minutes of picking up the package. There's no reason to let you get away with the controlled substance. If law enforcement thinks you are a big distributor, they will probably pose as a big-time source and sell to you. I've had clients buy prescription drugs from law enforcement, leave the scene of the buy, and go home on the subway. There are already agents casing your apartment when you arrive with the package. They will perform this long-term operation over the course of several months.

4. For a long-term operation, yes, law enforcement will come with a handy-dandy search warrant with your name and your home address on there. Nothing like personal attention!

5. If they have a search warrant, they'll rip your place apart. If you can, have someone photograph your premises after the police have ripped through the place. Tell your attorney where the police found your gear. That could make a difference in your case in terms of suppressing evidence. Just because you have the box marked "return to sender," that doesn't necessarily save you. Once you have the stuff in your home and the box has obviously been opened, you have exercised dominion and/or control over the items in the box. Having the box so-marked would give your attorney something to argue at trial or ammo to argue with the prosecutor.

6. Yep. And the quantity can make a prosecutor think that the amount of the controlled substance is possessed with the intent to sell/distribute the same.

I doubt that I have given you any information that you didn't already know or supsect, but I hope it helped all the same.

JUST REMEMBER, DON'T SPEAK TO THE POLICE. DEMAND A LAWYER!!!!

 

[macrophage69alpha]

know your rights and exercise them.

 

[Igor33]

bumping this... it pretty important shit we should all know

 

[decem]

the thing that gets me is that you say you can get busted by signing for a package BUT who wouldn't receive/sign-for a package that was sent to them -their name, their address - from an unknown entity? if they did try this (busting just for receiving and opening) - and it was within two days after receipt that the bust was made and no other illegals were found in the house - could the argument that "i don't know who it's from and didn't know what it was, but i was going to take it down to the police station" be a valid argument if no other incriminating factors were present?

 

[r00+]

Also

In case the police DO search your place remeber the following:

Video tape the procedure.

Have a friend or some other witness present (your lawyer for instance).

Keep a list of items taken and get one of the officer's signature once the search is complete.

Don't allow them to question you without your lawyer on site.

 

[NYStrip]

>>they will probably pose as a big-time source and sell to you.

Hey Defender,

What would you expect the circumstances to be for them to be willing to engage in some entrapment. IOW, have you seen an instance where agents were so hard up to fill out some paperwork that they would engage in an entrapment operation just to pin end-users?

 

[MaxBiceps]

Wow. thanks for all the info, defender.
Bump this shit for all to read.

 

[decem]

mr. defender sir, i have yet another question. would the authorities have the legal right to search your vehicle as well under the search warrant? would they need a sepaate search warrant for it? what if the vehicle was not on your premises when they came a knockin' and they didn't find anything in the house?

i think you see where i'm going with this.

 

[decem]

bumpin one more time before i sign off to make sure defender gets to see it up there.

 

[decem]

bumpin for legal advice

 

[nycdefender]

1. As for the question about entrapment, it's very rare to be able to get that jury charge at a trial. Usually, most agents are no so desperate as to entrap people. The only undercover officers that I know that do that are those that prey on methadone users. The undercover officers pretend to have heroin withdrawal symptoms.

2. As for the question about the right to search your car that is parked on your premises, the police would usually need a separate warrant, unless the make and the model of your car was included in the warrant. Just as there is a specificity requirement for search warrants for homes, there is one for cars, too, provided there is no traffic stop.

Hope this helps.

 

[liftsiron]

Excellent questions decem excellent response nycdefender. Now after reading this info I have the sinking feeling that some bro's on this board facing a similiar situation will crack and talk to the cops without a lawyer present thinking that it will go easier on them, that's what the cops are trained to lead you to believe. Don't say a thing remember every word that you say can be used against you. That includes every word said by you before your rights are read to you as well.