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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Frequently Asked Questions Regarding the US Postal System and the Fourth Amendment (search seizure)
#7835894 - 01/05/08 02:40 PM (16 years, 4 months ago) |
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This will be an ongoing compilation of authority and opinion regarding the shipping of items throught the mail. This covers US Federal Law. I'll update if/when I get around for it. Hopefully those who need this information will do a search and find it.
What classes of mail require a warrant to open?
First Class, Express, and Priority (which is often considered a first class subset) are considered sealed, and require a warrant to open.
Quote:
It has long been held that first-class mail such as letters and sealed packages subject to letter postage - as distinguished from newspapers, magazines, pamphlets, and other printed matter - is free from inspection by postal authorities, except in the manner provided by the Fourth Amendment
See: UNITED STATES v. VAN LEEUWEN, 397 U.S. 249 (1970) http://supreme.justia.com/us/397/249/case.html
Quote:
Matter Closed Against Postal Inspection
Matter closed against postal inspection includes First-Class Mail (including Priority Mail) and Express Mail. The USPS may open mail other than First-Class Mail or Express Mail to determine whether the proper rate of postage is paid. Material wrapped or packaged so that it cannot be examined easily or examined without destruction or serious damage is closed against postal inspection and is charged the appropriate First-Class Mail or Express Mail rate.
SEE: Domestic Mail Manual Section 123.2.3 Link to DMM: http://pe.usps.gov/text/dmm300/DMM300_landing.htm
Authority for DMM's provision:
Quote:
39 USC sec. 3623(d)
Quote: The Postal Service shall maintain one or more classes of mail for the transmission of letters sealed against inspection. The rate for each such class shall be uniform throughout the United States, its territories, and possessions. One such class shall provide for the most expeditious handling and transportation afforded mail matter by the Postal Service. No letter of such a class of domestic origin shall be opened except under authority of a search warrant authorized by law, or by an officer or employee of the Postal Service for the sole purpose of determining an address at which the letter can be delivered, or pursuant to the authorization of the addressee.
39 USC sec. 3623(d) http://www.law.cornell.edu/uscode/html/uscode39/usc_sec_39_00003623----000-.html
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What is a suspicious package?
While this is probably impossible to define, as the government will likely use any charecteristic to justify its suspicioun regarding a package when pressed in court, I'll try and provide some sources regarding what is considered suspicious both inside and outside the USPS system (including private carriers).
Quote:
Based upon experience and drug-trafficking intelligence, the United States Postal Inspection Service has developed a drug package profile for packages deposited in the Express Mail and Priority Mail. Profile characteristics include: (1) heavy brown paper wrapping; (2) heavily taped seams; (3) handwritten address label; (4) sent from one individual to another; (5) mailed from a zip code different from the address; and (6) a fictitious address. While it is uncertain whether any one of these criteria, standing alone, would support a finding of reasonable articulable suspicion, in various combinations these criteria might indeed support such a finding.
People v. Shapiro, No. 81920 (10/17/97)
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=il&vol=81920&invol=1
Quote:
The package roused the officers' suspicions because it was incorrectly addressed even though the sender and recipient had the same last name; the air bill was handwritten, marked "priority overnight," and contained no account number; and the package was sent from California.
http://caselaw.findlaw.com/data2/circs/8th/993982P.pdf USA v. Vasquez; No. 99-3982 (8th Cir.)
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When can officers (not private employees of a private shipper) detain a package
Quote:
[l]aw enforcement authorities must possess a reasonable suspicion based on articulable facts that a package contains contraband before they may detain the package for investigation," United States v. Johnson, 171 F.3d 601, 603 (8th Cir. 1999)
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DontPlay
Yeah Science!



Registered: 12/13/07
Posts: 750
Loc: On Land most of the time....
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Re: Frequently Asked Questions Regarding the US Postal System and the Fourth Amendment (search seizu [Re: johnm214]
#7878760 - 01/14/08 03:20 PM (16 years, 4 months ago) |
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Now that I'm thinking about it could peoples extended waits on spores from online vendors be caused by package interception and then law enforcement examines package contents logs details about shipping address's then send it to you. Of course this could lead to future bust's.
-------------------- My Trade List I hate to advocate drugs, alcohol, violence, or insanity to anyone, but they've always worked for me. Hunter S. Thompson
I prefer dangerous freedom over peaceful slavery. ~Thomas Jefferson
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Frequently Asked Questions Regarding the US Postal System and the Fourth Amendment (search seizu [Re: DontPlay]
#7878812 - 01/14/08 03:33 PM (16 years, 4 months ago) |
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Of course, but they would need to have warrants to do this, as most vendors ship first class (the smart ones anyways).
To simply record the return and mailing addresses, however; no warrant or suspicioun is needed.
Additionally, the authorities may detain a package for some length of time provided they have adequate cause, for the purpose of further developing the evidence needed for a warrant, or to seek a warrant.
But I think your barking up the wrong tree. I'd be surprised if this happens.
Quote:
However, certain packages may be detained for investigative purposes when the authorities have reasonable suspicion of criminal activity. See United States v. Lux, 905 F.2d 1379, 1382 10th Cir. 1990). In such cases, the authorities may detain the package for investigation for a reasonable length of time. See id. Where investigators have acted with reasonable diligence, courts have found acceptable the detention of mail for anywhere from twenty-nine hours to five days. See Van Leeuwen, 397 U.S. at 252-53 (twenty-nine hours); United States v. Gill, 280 F.3d 923, 929 (9th Cir. 2002) (four to five days); Lux, 905 F.2d at 1381-82 (over three days); United States v. Mayomi, 873 F.2d 1049, 1054 (7th Cir. 1989) (over forty-eight hours). As the Court said in Van Leeuwen, No interest protected by the Fourth Amendment was invaded by forwarding the packages the following day rather than the day when they were deposited. The significant Fourth Amendment interest was in the privacy of this first-class mail; and that privacy was not disturbed or invaded until the approval of the magistrate was obtained.
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=10th&navby=docket&no=028103
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Frequently Asked Questions Regarding the US Postal System and the Fourth Amendment (search seizu [Re: johnm214]
#8680847 - 07/25/08 03:44 PM (15 years, 9 months ago) |
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I've added an excellent post by PowerOfTheCoir to this thread, for those that search for such things.
I think his advise is on target, and his description of a suspicious package does mesh nicely with that given by the case cited in the first post:
Quote:
PowerOfTheCoir said: Here are some of the USPS's favorite things to look for. Yes, they apply to so many packages that they amount to an ability to arbitrarily detain most packages in violation of the 4th Amendment, but the courts have upheld them. All of these are official USPS criteria.
1) Package addressed from one individual to another individual: You probably don't plan on putting your own name and address as the return address. Whatever return address you do use should appear to be a business, not an individual. Something like "invoice enclosed" would probably help the illusion.
2) Mail from one zip code to another / Package from a "drug state": OK, can't do much about this one. Don't try to fake it either - a return address with a different zip code than the place you are mailing it from will trigger the next item. This is the one indicator you're allowed to ignore - don't worry, you have to have several indicators to get a dog.
3) Fictitious return address: This is where a lot of people make a mistake. The return address should be real. It shouldn't be your address, but if it says "Bob's Gift Shop and Taxidermy, 123 Main St." then there had better be a store with that name at that location. If a package draws the attention of a postal employee for another reason, they will quickly conform the addresses and if one is bogus then they will definitely hold the package and call for a dog. When selecting a business address for the return address, look in the phonebook for one that is: a)near the post office you are using, b)small enough that it does not have a commonly recognizable standard package/label, and c)would logically send small packages out to individuals. Businesses dealing in gifts, collectibles, auto parts, computer parts, ect. will all send out packages to individuals who buy things on eBay.
4) Fictitious recipient: Now you obviously aren't going to send the package to the wrong street address, but sending it to the wrong name may seem like a good idea to avoid incriminating your buddy. Don't do that. Put the right name at the right address. The local post office often does know who lives where. They don't always pay attention, but again if they do take an interest in your package, a fake name will bring them from just having a passing sense of curiosity to the level of "reasonable articulable suspicion" that will result in a dog giving the package a sniff. Using a fake name won't do much to help your buddy anyway. If he knowingly accepts a package that's addressed to someone else then this will look just as suspicious as having a package sent to him directly.
5. Handwritten addresses: Computers are easy to use. You're using one right now. Use it to print out labels for both addresses and you'll take yourself out of one of the categories that the USPS likes to pick on the most. A lot of common word processing programs will even generate that weird bar-code looking thing that the USPS uses. The easier it is for the post office to sort your package, the less anyone will have to look at it.
6. Wrapped in brown paper: The post office recommends brown paper wrapping as a great way to make their job easier, but they also use it as an indicator of a drug package. It's best to use a plain, clean box without any paper wrapping. A white box will probably look more business-like and deviate further from their idea of what a drug package should look like.
7. Heavily taped seams: This is another big attention-grabber. People who are scared of having odors escape will carefully seal every seam with strong tape - often doubling up to be sure. Obviously you should not do this. Tape the box well enough to keep it from opening, but leave at least some unsealed segments of the seams. Don't just leave them unsealed due to apparent sloppiness, instead cut the tape before you reach some corners to make it clear that you weren't even thinking about sealing the package from odor leaks. Paper-based tape is best since it is obviously a lousy choice for odor control. If you use duct tape, you may as well make the return address "Jack Herer, 420 Hemp HIGHway." Your odor containment strategy should be inside of the box where they can't see it without probable cause.
8. Unusual odor: OK, you obviously don't want the package reeking of your glorious dankness. But you also don' want it smelling like anything else, except maybe cardboard. Talcum powder, according to the USPS, is used to cover drug odors. For that reason they consider the odor of talc to be almost as incriminating as the odor of fine bud. Don't get creative and try to cover goodies with potpourri or anything else - nothing will fool a dog and anything at all will alert a handler. Just shoot for good, redundant containment inside the package.
9. Express Mail: The USPS thinks most drug packages are in Express Mail. Yeah, it's kind of silly for them to offer a service and then accuse people of being criminals just for taking them up on their offer, but no one ever said the feds had to be rational. Stick to Johnm214's advice and use Priority or First Class.
It's extremely important that you avoid as many of the indicators listed above as possible. Aside from the inter-zipcode and drug state ones, you can avoid the rest without too much effort. It's crazy that the USPS can trample the 4th Amendment whenever they see common features of ordinary packages, but courts have supported them. They actually use the same "reasonable articulable suspicion" concept as was created in Terry v. Ohio. Since the USPS is assumed to be confident, several hits on their list of arbitrary features is considered to be adequate reasonable suspicion to delay a package and have a dog sniff it.
The good side to this type of court-sanctioned invasion of privacy is that the USPS is limited to their established list. They NEED to be able to point to clear observable features on the package in order to justify special treatment. If you deny them these features and they detain your package anyway, your lawyer will have a good case to suppress the dog's reaction, contents of the package, and anything they found in an investigation as a "fruit" of their illegal opening of the package. Don't stake your freedom entirely on this, but just like when you deny consent at every step of a search, you should try to leave as many options for your defense as possible.
A quick note about FedEx and UPS - they are not bound by any 4th Amendment restrictions. They can and do open whatever package they feel like and anything they discover is admissible. FedEx supposedly has their right to open your package without cause in some fine print on a form that senders sign. Even if these companies illegally open a package, the contents are still admissible. The 4th only applies to the government. That's why when you mail something sensitive, you should use the USPS, not a private carrier.
One final consideration - if the worst happens and your precious herb is discovered, postal inspectors and other LEOs will most likely conduct a "controlled delivery." Drugs in a package addressed to someone do not prove that the recipient knew he was getting drugs - they need to prove this part to have a case. An inspector will dress as a carrier and deliver the package to the recipient. After a period of time, often 30 minutes, a team of inspectors and other LEOs will serve an arrest warrant. Their hope is that they will discover something during the arrest that can be used to incriminate the recipient. If the recipient follows some precautions, he'll be fairly safe from prosecution. He may be arrested, but a conviction will be difficult unless he gives the government their case.
The recipient should be told in advance:
1) DO NOT OPEN THE PACKAGE! The recipient will be claiming later on that he did not request the package and was surprised by its delivery. Leaving it sealed is inconsistent with the behavior of someone who expected the package and knew it contained something awesome.
2) DO NOT REFRIGERATE THE PACKAGE! That sounds weird, but it comes straight from the USPS. You should extend that to include any storage that s meant to preserve perishables. Treating the package too well indicates that you know what's in it. The best strategy is to just leave it in the open and very close to the door (take away their need to look around for it).
3) HIDE YOUR OTHER GOODIES! The presence of drug paraphernalia or actual drugs found during the arrest can be used to indicate that you would probably like to get more drugs by mail. At the very least, get everything illicit in the house out of the common areas and into rooms with closed doors. If they do not have a search warrant for the entire house (they probably won't) they will be limited to a search as part of their arrest. The recipient will be arrested near the front door or in the living room (if that is real close to the front door). They can search the immediate area around you during an arrest. The courts have let the "immediate area" become the entire room. When they are searching that room, if they can see into other rooms and spot probable cause, they can enter those as well. If they find something at any point during this search, it may be enough to extend the search to the entire house. That's why you need to make sure everything illegal (except the package) is in a closed, locked room with no one in there (if the cops enter to get the person, they'll search the room).
4) "I WAS SURPRISED WHEN THE PACKAGE CAME!" Never talk to th police except to ask if you are free to go and, if not, only say that you want your lawyer. There is one small exception here. Stonewalling or deception when they ask about the package is a big sign that you know there's something bad in it. They did a controlled delivery, so they can already prove you received the package. If you have it unopened and near the door, you should state that you didn't order a package and have no idea what it is. In fact, you saw that business name as the return address and you were going to Google them to get a phone number and find out if something was delivered by mistake. It would be a very good idea to actually look up the company on Google as soon as the package arrives, leave the page on the screen, and write down the contact info on a piece of scrap paper. You can even put that paper on the package so you can find it when you get around to calling them. No, the postal inspectors and other LEOs won't believe you, but they'll know that in the absence of any evidence that you knew about the weed, your story will provide plenty of reasonable doubt for a jury. Now when they keep on asking questions after you explain your surprise, you need to keep your mouth shut and lawyer up. Don;t say anything at all after this point. They will try all srts of nasty tricks. Someone will mention weed in the package during the arrest. Later on, if you refer to the weed in any way, someone else will claim that since they never mentioned weed to you, you must have known about the package because you requested it. If you attempt to explain yourself, you'll look like you're lying. So again, plead ignorance and surprise, lawyer up, and don't say a single thing to anyone other than your lawyer until you're free.
5) Don't cooperate with any change in your postal service's routine - If they have left packages at the door in the past but seem real insistent on hand delivering this one, don't even answer the door. If you think it's realistic for them to need you to come to the door but they then want you to sign something, you should totally refuse. Take one look at the address, say you don't recognize it, and you won't sign for anything you didn't order. The sender should never use registered or insured mail. There is no acceptable reason to sign for this package. It's even better if the package will fit in the recipient's mailbox.
Good luck with the package. Don't be put off by how scary I might have made it seem. They (feds) play a tough game, but they're stuck with a playbook that we've known for years. As long as you stick to the rules, you'll deny them everything they need to get a conviction.
-PotC
PS - I'm too tired of writing to talk about inner packaging ideas in any depth. If you do some research, you'll find plenty. Just make your odor shields redundant. The candle smuggling idea is a great method and vaccuum sealing works well as long as you can protect the good from squashing.
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MustNotBe
HPPDer



Registered: 01/27/06
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Re: Frequently Asked Questions Regarding the US Postal System and the Fourth Amendment (search seizu [Re: johnm214]
#8688272 - 07/27/08 01:10 PM (15 years, 9 months ago) |
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I work at fedex. In a major shipping center. Pot and stuff does get ripped open sometime. I've talk with the police that come and they have us close the package back up and ship it. They say that they will have police waiting for the person to accept the package, and then bust them after they accept it.
-------------------- Junkies United we stand , Devided we're sick as fuck. - - - "Hallucinations are something heroin users are not at all accustomed to," said Const. Conor King, Victoria police drug expert. "They react like you or I would react if we took Aspirin and all of a sudden the TV got up and started walking across the room." - - - Make drugs legal, or alcohol and tobacco illegal. Either way it's more fair.
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LSDaytripper
Believer



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Loc: Ohio
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Re: Frequently Asked Questions Regarding the US Postal System and the Fourth Amendment (search seizu [Re: MustNotBe]
#10123524 - 04/07/09 02:12 PM (15 years, 1 month ago) |
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Quote:
MustNotBe said: I work at fedex. In a major shipping center. Pot and stuff does get ripped open sometime. I've talk with the police that come and they have us close the package back up and ship it. They say that they will have police waiting for the person to accept the package, and then bust them after they accept it.
Wtf? That's kind of unnecessary. I hate when cops pull shit like that.
-------------------- ***** (10:42:46 PM): This is so strange ***** (10:42:53 PM): Becuase I feel that I am very altered ***** (10:42:57 PM): But at the same exact time ***** (10:43:28 PM): I am closer to the real me, the real me who decides who I am, the entire me
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Frequently Asked Questions Regarding the US Postal System and the Fourth Amendment (search seizu [Re: LSDaytripper]
#10124627 - 04/07/09 05:12 PM (15 years, 1 month ago) |
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Thanks for bumping this. I've decided to merge this to the end of the sticky on legal issues. If i or others update this post it will be in the new thread stickied at the top of this forum.
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Lancaster
Rightous Oxide



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Re: Frequently Asked Questions Regarding the US Postal System and the Fourth Amendment (search seizu [Re: johnm214]
#10125294 - 04/07/09 06:37 PM (15 years, 1 month ago) |
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This is a great resource, thanks.
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