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Offlinedavidgergen
journeyman

Registered: 06/23/01
Posts: 42
Loc: Philadelphia, PA
Last seen: 11 years, 5 months
Drugs in Mail - Legal Issues
    #347273 - 06/23/01 10:47 AM (13 years, 1 month ago)

Does anyone have any knowlege about the legal issues which arise from the sending and/or receipt of controlled substances in the mail? I have heard that for packages sent through the US Postal Service, a search warrant is needed to open and inspect the package.? By contrast, for packages sent through a private carrier (such as, for example, FedEx), no search warrant is needed. True? I've also been told that if drugs ARE found in a package sent to you, they will be confiscated (at least, if the amount is relatively small), and you will receive a letter from the postal inspector (or US customs) saying they've been confiscated, but you will NOT be busted. True? I know I've read news stories of people getting busted who received LARGE amounts of drugs through the US Postal Service (such as a pound of marijuana). In such circumstances, as I understand police procedure, a "controlled delivery" is made, and then the police bust the person receiving the drugs once the person takes the drugs into his or her home (as I understand it, this requires two search warrants: first, a search warrant to inspect the package before it's delivered; second, a search warrant to enter the home once the recipient has received the package). It appears that different rules apply to private carriers and the USPS.? If private carriers learn of contraband, do they pass that information on to law enforcement?? Does the USPS flag addresses for private carriers, warning them that the addressee might be receiving contraband? Hypothetically speaking, what would happen if, say, the USPS learns that a package addressed to you contained contraband, and you tell them - truthfully - that you have no idea why it was sent to you, but it could have been sent by someone (an enemy) trying to get you in trouble? If anyone has any knowledge on any of these questions, please pass it on. The reason I'm asking all these questions is that I believe an enemy of mine may have sent a small amount of marijuana in the mail to me in an attempt to get me busted.  :wink: Thanks!

Edited by davidgergen on 06/25/01 12:15 PM.



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OfflineSolo
enthusiast
Registered: 11/08/98
Posts: 257
Last seen: 9 years, 10 months
Re: Drugs in Mail - Avoiding Busts - Legal Issues [Re: davidgergen]
    #347278 - 06/23/01 11:04 AM (13 years, 1 month ago)

First of all they have to catch you with it or prove you were intending to receivie it (if I understand the law correctly). You could write 'return to sender' on the package once it arrives without opening it. When you feel it's safe, you could have it moved by someone else out of your house (en route via the post office if you want to be extra careful). Do web searches dude. I posed recently about a former celtic ball player busted this way. Do searches before posting questions like these is good etiquette. Search the message boards here and eslewhere. I'm sure there are answers on the net. Do you own homework. I'm in a bad mood today. Next time I might just give you advice to fuck you up (nothing personal).




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Offlinedeadsocket
Stranger
Registered: 01/08/01
Posts: 4
Last seen: 13 years, 1 month
Re: Drugs in Mail - Avoiding Busts - Legal Issues [Re: Solo]
    #347281 - 06/23/01 11:13 AM (13 years, 1 month ago)

I don't think anything will happen. I sent my friend a very, very small amount, a nickel bag, of good weed through domestic mail (from Atlanta to Ohio) and it got through with no trouble at all. I'm sure even larger amounts would be ok. I sent it in a normal letter envelope, nothing suspicouse (arghh spelling?).



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OfflinePotSmokinHippie
Pothead

Registered: 04/06/01
Posts: 223
Loc: New york
Last seen: 11 years, 5 months
Re: Drugs in Mail - Avoiding Busts - Legal Issues [Re: davidgergen]
    #347282 - 06/23/01 11:16 AM (13 years, 1 month ago)

Yeah, for US mail search warrant is needed (be aware that a search warrant can be obtained by having a dog sniff things out, etc). As for private carriers, I don't know. Chances are that they need a search warrant, but since a lot of people tell you not to send it by this method, I'd advise against it.

If they find shit in a package addressed to you, there's not a lot they can do. They can't actually prove that you requested this package or bought anything in it. So chances are that you'd get a letter saying that some stuff had been confiscated due to illegal status, but you won't get in trouble.

Police do do "controlled deliveries". I believe on way to avoid this is just waiting a few days before opening the package. I don't think the police have a case against you until you open the package. And if they catch you with the (unopened) package just say that you don't know who its from or what it is.

Overall I'd say its better to send it regular US mail. No overnight or stuff like that. Just regular.

I wish I had a Kryptonite cross, because then I could keep both Dracula AND Superman away.


--------------------
"assumption is the mother of all fuckup" - me


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Offlinedavidgergen
journeyman

Registered: 06/23/01
Posts: 42
Loc: Philadelphia, PA
Last seen: 11 years, 5 months
Re: Drugs in Mail - Avoiding Busts - Legal Issues [Re: Solo]
    #347309 - 06/23/01 12:18 PM (13 years, 1 month ago)

Solo: I researched this one up the wazoo, bro, and couldn't find any clear answers to the questions I posed. Please let me know when you're in a bad mood and posting false info. so I can be sure to ignore it. Thanks.



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InvisibleAlynaria
Stranger
Registered: 06/16/01
Posts: 5
Re: Drugs in Mail - Avoiding Busts - Legal Issues [Re: davidgergen]
    #347462 - 06/23/01 05:09 PM (13 years, 1 month ago)

Watch for cutoms between he US and Canada though. A friend of mine did that, and theyheld it in customs for over amonth and then finally "lost it". Dont know what happened there.



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Offlinedavidgergen
journeyman

Registered: 06/23/01
Posts: 42
Loc: Philadelphia, PA
Last seen: 11 years, 5 months
Re: Drugs in Mail - Avoiding Busts - Legal Issues [Re: davidgergen]
    #348499 - 06/25/01 10:34 AM (13 years, 1 month ago)

Well, I've been doing some more research, and can pass along a few things to those who are interested. DRUG PACKAGE PROFILE/SEARCH WARRANT       US postal inspectors routinely profile Express Mail parcels at the airport as they are unloaded from arriving flights.     This profile consists of a number of "well-recognized" characteristics, which consider:  (1) the size and shape of the package and its outward appearance; (2) whether the package has been heavily taped so as to seal or close all seams, edges and/or openings; (3) whether the package contains handwritten or printed labels; (4) the nature and destination of the package and/or its point of origin; (5) the absence or presence of odors; (6) whether the sender's zip code matches the zip code affixed by the postal clerk; and (7) whether the package contains a fictitious return address.  [Note: postal inspectors may sniff packages for the tell-tale scent of marijuana, as well as such odors as coffee, mustard, perfume or clothes dryer sheets that mask drug smells.]       In one case, the postal inspector became suspicious of a package because it fit five of the profile characteristics, including: (1) all edges, seams and openings were heavily taped; (2) the package contained a fictitious return address and (3) handwritten labels; (4) the package originated in a recognized "drug source" state and locality, i.e., San Diego, California; and (5) the 8 1/4" by 8 1/4" dimensions of the package.     Equally significant was the fact that the package was shipped via Express Mail. The postal inspector testified that, based both upon his personal experience and training and the experience of the Postal Service generally, delivery services such as Express Mail, Federal Express Overnight, and United Parcel Service Overnight are the primary carriers utilized by drug dealers seeking to ship narcotics throughout the country, specifically because they guarantee next-day delivery. Accordingly, postal inspectors subject Express Mail packages to closer scrutiny than is accorded items sent by regular mail.     The cumulative effect of all these factors caused the postal inspector to suspect that the package might contain a controlled substance. He then removed the package from the mail stream and obtained the assistance of a narcotics detection canine named "Zak."  The package was placed on the floor amidst eight other parcels, and Zak was directed to sniff the packages.  Zak alerted to the suspect package.  The package was then placed in a different position among the other eight parcels, and the test was repeated.  Zak again alerted to the suspect package.  {A dog sniff of a package does not require a search warrant; a positive sniff or "alert" can be used as a basis for then obtaining a warrant.}     The postal inspector then applied for and obtained a federal search warrant to open the package and search its contents.  Upon executing the search warrant, the authorities discovered that the package contained approximately one-half pound of marijuana. The package was then resealed in order to permit the authorities to effect a controlled delivery to the address specified on the package.  When the addressee accepted delivery of the package, he was arrested. PUBLIC VS. PRIVATE CARRIER A private carrier (like DHL or FedEx) does not require a warrant to inspect and open a package.  This is for at least two reasons.  First, private carriers are not covered by Fourth Amendment restrictions on search and seizure because they are not actors of the government (as opposed to the USPS, which is covered by the Fourth Amendment).  Second, in the small print of the form you sign to send a package via private carrier, you probably give the carrier the right to open and inspect the package at any time. FedEx and DHL, etc., have security agents whose job it is to look for suspicious packages.  Most of the private carriers (with the exception of UPS) allow law enforcement to borrow company uniforms and trucks to stage controlled delivery busts (although FedEx claims that it allows this only rarely). AVOIDING GETTING BUSTED The time at which one runs a real risk of getting busted is when you pick up a package, or when it is delivered to your home and you have to sign for delivery. From the news stories and cases I've read, it appears that if you decline to pick up a package you've been told is waiting for pick-up, you will not be busted even if law enforcement knows the package contains contraband. Similarly, it appears you will not be busted if you refuse to sign for a package that's hand-delivered to your door.  But once you sign for a package containing contraband and accept delivery, you can be busted (and it doesn't appear to make any difference whether you've opened the package or not). In the case of Robert Parish, Celtics basketball great, 5 oz. of marijuana was delivered to his house by FedEx.  Previously, FedEx had apparently received a tip, opened the package, discovered the marijuana, and then re-sealed it.  The police obtained a search warrant based on their knowledge that Parish had received the dope.  When they searched his house, they found the dope and Parish was busted.  :mad: In another, more recent case, a Detroit Tigers minor league pitcher, Matt Anderson, was arrested when he signed to accept delivery of an overnight package which contained marijuana.  :blush:  It is not clear from the articles I've read whether this package was sent via USPS or a private carrier. I'd like to hear from anyone who has any further information on this topic, especially any relevant drug bust stories.

Edited by davidgergen on 06/25/01 12:27 PM.



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InvisibleJared
Stranger
Folding@home Statistics
Registered: 04/23/01
Posts: 8,783
Deleted [Re: davidgergen]
    #348513 - 06/25/01 11:05 AM (13 years, 1 month ago)

Content Removed.


Edited by Jared (04/01/04 03:13 AM)


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Offlinedavidgergen
journeyman

Registered: 06/23/01
Posts: 42
Loc: Philadelphia, PA
Last seen: 11 years, 5 months
Re: Drugs in Mail - Avoiding Busts - Legal Issues [Re: Jared]
    #348520 - 06/25/01 11:31 AM (13 years, 1 month ago)

The substance of this thread discusses legal issues which have been widely reported in (i) news stories, and (ii) legal cases which are a matter of public record. How people use that information is up to them. This thread should not be deleted because it does not cross the line into the direct promotion of illegal activity, as, for example, a post offering drugs for sale crosses the line.



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Offlineheavymeds
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Registered: 01/25/10
Posts: 1
Last seen: 4 years, 6 months
Re: Drugs in Mail - Legal Issues [Re: davidgergen]
    #11900098 - 01/25/10 08:02 PM (4 years, 6 months ago)

IT IS EXTREEMLY HARD to prove that you intended to receive that package. Anyone can send you anything in the mail and you have no control over it. People have recieved drugs in the mail by mistake several times. One person that I know of was raided because of it. Of course, never convicted. People have been busted and suffered adverse reactions because of mail order of controlled substances.

The only thing you can do in this situation is prepare yourself for court. If you are defended properly, in this case it is VERY easy to defend, then the Judge will have to throw the case out. If he does not, you must appeal. If you do not, any rights you thought you had, you just gave away under common law.


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InvisibleLibertin
Absurdist
 User Gallery

Registered: 10/07/09
Posts: 953
Re: Drugs in Mail - Legal Issues [Re: heavymeds]
    #11900332 - 01/25/10 08:31 PM (4 years, 6 months ago)

Thread is 8 years old.

Good first post!





:curbyourenthusiasm:


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InvisibleShad0w
In trouble again.
Male

Registered: 06/08/08
Posts: 3,639
Re: Drugs in Mail - Legal Issues [Re: heavymeds]
    #11906155 - 01/26/10 05:19 PM (4 years, 6 months ago)

Quote:

heavymeds said:
IT IS EXTREEMLY HARD to prove that you intended to receive that package. Anyone can send you anything in the mail and you have no control over it. People have recieved drugs in the mail by mistake several times. One person that I know of was raided because of it. Of course, never convicted. People have been busted and suffered adverse reactions because of mail order of controlled substances.

The only thing you can do in this situation is prepare yourself for court. If you are defended properly, in this case it is VERY easy to defend, then the Judge will have to throw the case out. If he does not, you must appeal. If you do not, any rights you thought you had, you just gave away under common law.





8 yr old thread....

Brought back to life on your very first post.

amazing.

That might be the oldest thread I have seen ressurected.


--------------------
Nothing I write on Shroomery's message boards or in private messages are true.  I am fucking crazy and I make all this shit up because I can.

[quote]sploogepanz55 said:
^^^ haha what a bummer, shad0w. All this talk about dying. :smile:
[/quote]

[quote]psychoanomaly said:
And so, I feel your intolerance and phobia towards rectal administration of psychedelics is a violation of the music of the spheres :rolleyes:[/quote]

[quote]shroom_sandwich said:
I could have sworn I seen a thread about a guy saying his dog killed the neighbors chickens earlier....[/quote]


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Offlinedointhangz
Wildlife Analyst


Registered: 09/25/09
Posts: 632
Last seen: 1 day, 13 hours
Re: Drugs in Mail - Legal Issues [Re: Shad0w]
    #11906266 - 01/26/10 05:39 PM (4 years, 6 months ago)

:lol:


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OfflineAlpheus
Stranger
Registered: 05/27/09
Posts: 19
Last seen: 4 months, 27 days
Re: Drugs in Mail - Legal Issues [Re: dointhangz]
    #11906797 - 01/26/10 07:15 PM (4 years, 6 months ago)

Zombie thread ZOMBIE THREAD!  HEADSHOT QUICK!


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OfflineJBags31
Stranger
Male


Registered: 08/19/09
Posts: 19
Last seen: 2 years, 10 months
Re: Drugs in Mail - Legal Issues [Re: Alpheus]
    #12045566 - 02/17/10 11:19 AM (4 years, 5 months ago)

So what are the consequences for sending it?  Say you are a dumbass and paid for the shipping by credit so they can trace it back to you.  Just curious.  I know this is an old thread but it is a question i havent seen answered anywhere else.  Everyone talks about the receiver, but what happens to the sender?


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