Category Archives: Mail and packages

CA3: Postal inspector had RS to detain package for dog sniff

“The [postal] inspector had reasonable suspicion. [¶] The inspector acted reasonably. Five signs aroused his suspicion: First, the package was from Puerto Rico, a common source of illegal cocaine shipments. Second, the package was sent by Priority Mail, a common … Continue reading

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CA6: Def showed no REP in package with a fake name sent to his house

Defendant showed no reasonable expectation of privacy in a package addressed to a fake name at his address. United States v. James, 2020 U.S. App. LEXIS 22766 (6th Cir. July 21, 2020). Defendant failed to show that the challenged statements … Continue reading

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N.D.Ga.: First class mail is closed to Customs inspection; priority mail is not

There is a reasonable expectation of privacy in first class mail and mail with full postage from a customs search coming into the Virgin Islands. 19 C.F.R. § 145.1. Priority class mail is subject to customs inspection. United States v. … Continue reading

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N.D.Iowa: Use of fictitious name on package doesn’t deny standing

A person using a fictitious name to send or receive a package still has standing in the package, collecting cases on both sides. In this case, there was reasonable suspicion to divert the package in transit. United States v. Yodprasit, … Continue reading

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CT: No REP in jail letter to def’s mother with admission

Defendant’s Fourth Amendment rights weren’t violated by corrections officers copying a letter to his mother with an admission then turning it over to law enforcement officers. He had no privacy interest in his mail that society would recognize. The claim … Continue reading

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CA9: Three-month-old information about where probationer lived wasn’t stale for probation search

Probation officers could rely on a three-month-old list that showed defendant’s brother lived there and he was on probation. The list was not stale because there was no suggestion the brother’s tenancy was transitory. Defendant’s claim the probation search as … Continue reading

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CA9: Def didn’t show standing in package without his name on it or showing knowledge of contents

Defendant’s papers didn’t show that he had a reasonable expectation of privacy in a package that arrived on June 5th. His name wasn’t on the package as sender or receiver, the package arrived June 6th, and he didn’t say he … Continue reading

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WVVA: After crackdown on pill mills, more drugs being seized by mail

WVVA: After crackdown on pill mills, more drugs being seized by mail [this what we’ve all noticed for years]:

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D.S.D.: Contents of partially open box in post office was within plain view

A priority mail box was partially open and inadequately sealed in a post office on tribal lands. A baggie of apparent methamphetamine was visible inside. The post office called the tribal police, and that officer saw it too. This was … Continue reading

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W.D.La.: Shipping a FedEx package under an assumed name to an assumed name did not deprive either of standing

The court finds standing in a FedEx package that had a fictitious name of both sender and recipient. A dog sniff of the package gave probable cause. United States v. Goodin, 2019 U.S. Dist. LEXIS 95071 (W.D. La. May 20, … Continue reading

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S.D.Tex.: Govt’s showing def’s connection to package showed standing; USPS delay while kind of long wasn’t unreasonable or abnormal

Defendant didn’t testify at the suppression hearing, but the officer’s testimony adequately showed defendant’s standing to contest the search of his package. An alias was used, and the government’s efforts to link him to the package showed his standing. The … Continue reading

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ND: Def’s arrangement for another to take possession of his package showed his standing

Defendant’s arrangement with another person to pickup his package showed his control over the package, and that gave him standing. State v. Gardner, 2019 ND 122, 2019 N.D. LEXIS 130 (May 16, 2019) (quoting Treatise § 3.13). “Vigen was not … Continue reading

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OH12: Package in transit was reasonably briefly detained for dog sniff

Briefly detaining a package in transit at least on reasonable suspicion for a dog sniff was reasonable and not a seizure of the package. They were staying at a local B&B and received two FedEx packages there, one under an … Continue reading

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S.D.Ind.: Once there’s an indictment, a motion to suppress evidence is used rather than a motion for return of property

“Where, as here, an indictment has been filed and criminal proceedings are ongoing, the proper means for seeking return of seized property and to challenge the constitutionality of a search is a motion to suppress evidence.” United States v. Flick, … Continue reading

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D.V.I.: Package shipped from SC to VI did not cross “border”

Defendant mailing packages from South Carolina to the Virgin Islands under an alias has standing because the government alleges the alias on the package is defendant. The sealed packages have Fourth Amendment protection and a reasonable expectation of privacy. The … Continue reading

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D.Haw.: “Intended recipient” of a parcel whose name isn’t on it has no standing.

As an “intended recipient” of a parcel, defendant has no standing. His name isn’t on the package as sender or recipient. United States v. Williams, 2018 U.S. Dist. LEXIS 177669 (D. Haw. Oct. 16, 2018). Officers could reasonably believe that … Continue reading

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