Category Archives: Mail and packages

W.D.N.C.: Search under automobile exception can be as broad as a SW would allow considering what is sought

When there is probable cause under the automobile exception, the search can be as broad as a search warrant would allow. United States v. Carmichael, 2024 U.S. Dist. LEXIS 116946 (W.D.N.C. July 1, 2024). The protective sweep of defendant’s hotel … Continue reading

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CA7: Detention of a package for a day to get SW was reasonable

Detention of a package for a day to get a search warrant was a reasonable time. United States v. Black, 2024 U.S. App. LEXIS 14944 (7th Cir. June 20, 2024). “‘The Constitution does not guarantee that only the guilty will … Continue reading

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WaPo: Law enforcement is spying on thousands of Americans’ mail, records show

WaPo: Law enforcement is spying on thousands of Americans’ mail, records show by Drew Harwell (“The Postal Service approves thousands of requests every year from police officers and federal agents seeking information from Americans’ letters and packages.”) This is hardly … Continue reading

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NY3: Typo in SW affidavit could be overlooked when context is apparent

A typographical error in the statement of probable cause could be overlooked when the affidavit is read as a whole, which is what the court is supposed to do. People v. Malloy, 2024 NY Slip Op 03203, 2024 N.Y. App. … Continue reading

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M.D.Pa.: Def was neither shipper nor recipient of USPS parcel, so he had no standing in it

Defendant was neither the shipper nor recipient of a USPS parcel with drugs in it, opened six weeks after it was unclaimed. He had no standing in it. United States v. Bell, 2024 U.S. Dist. LEXIS 78182 (M.D. Pa. Apr. … Continue reading

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OH7: No standing in package with assumed names

Defendant lacked standing in a package shipped under and to assumed names, neither of which could be linked to him as a known alias. State v. Herbert, 2023-Ohio-4490, 2023 Ohio App. LEXIS 4311 (7th Dist. Dec. 11, 2023). “We think … Continue reading

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D.Mont.: Def’s interest in his package is a reasonable delivery time, but not an exact time

When a package in transit is detained for investigation, the person named on the package has an interest in a reasonable delivery time, but not an exact time. United States v. Hamlin, 2023 U.S. Dist. LEXIS 180215 (D. Mont. Oct. … Continue reading

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CA11: No REP in package shipped to def’s GF where his name wasn’t on package

Defendant showed no reasonable expectation of privacy in a package of fentanyl shipped to his girlfriend at the place where he was staying. United States v. Harris, 2023 U.S. App. LEXIS 25677 (11th Cir. Sep. 28, 2023). Defendant’s hesitation following … Continue reading

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W.D.Va.: Interference with prison mail is 1&14A claim, not 4A

Confiscation or interference with prison legal mail is a First and Fourteenth Amendment claim, not Fourth. Chenevert v. Kanode, 2023 U.S. Dist. LEXIS 171627 (W.D. Va. Sep. 26, 2023). There was reasonable suspicion for a frisk of the driver of … Continue reading

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S.D.N.Y.: Ptf being off parole at time of parole search stated claim

Plaintiff’s claim he was off parole when this parole search occurred at least survives a motion to dismiss. Aurecchione v. Falco, 2023 U.S. Dist. LEXIS 171131 (S.D.N.Y. Sep. 25, 2023). Defendant’s suppression motion against his residential search warrants was based … Continue reading

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M.D.Tenn.: Ptf’s § 1983 4A case over his arrest is stayed

“Although Plaintiff’s Fourth Amendment claims survive initial review, the Amended Complaint indicates that Plaintiff is currently involved in state criminal proceedings related to the arrest and seizure that form the basis of those claims. In these circumstances, the Court finds … Continue reading

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M.D.Ga.: No standing in packages sent to one’s address but with all different names on them

Defendant failed to show standing in packages searched coming to an address he claimed as his “primary address,” but the addressee and sender were not him. United States v. Williams, 2023 U.S. Dist. LEXIS 26755 (M.D. Ga. Feb. 16, 2023). … Continue reading

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D.Conn.: Govt’s mere allegation def has possessory interest in package doesn’t give him standing; he still has to show it

Defendant can’t rely on the government’s representation they believe he has a possessory interest in a parcel. He has to show it, and here he did not. United States v. Franco, 2023 U.S. Dist. LEXIS 18256 (D. Conn. Feb. 3, … Continue reading

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IL: Officers executing SW lawfully seized gun in plain view

The trial court erred in suppressing evidence. The officers were lawfully on the premises with a warrant when a gun was seen in plain view. People v. Serrato, 2023 IL App (2d) 220100, 2023 Ill. App. LEXIS 3 (Jan. 6, … Continue reading

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OH: Opening car door was to secure uncooperative def, not search; plain view valid

Opening the car door was not for the purpose of searching; it was to secure the uncooperative defendant. During the interaction, evidence in plain view was seen and the officer then could enter the car to secure it. State v. … Continue reading

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NC: Dog sniff of package in mail stream reasonable

A dog sniff of a package in the mail stream is reasonable. There is no reasonable expectation of privacy from a dog sniff there. State v. Teague, 2022-NCCOA-600, 2022 N.C. App. LEXIS 748 (Nov. 1, 2022). Defendants’ motion in limine … Continue reading

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CA5: USPS letter carrier not a 4A govt actor

A regular USPS letter carrier is not a governmental actor the Fourth Amendment governs. Here, her thumb slipped through a preexisting hole in a package she was delivering, and she became suspicious it contained drugs and wouldn’t leave it at … Continue reading

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NY Bronx: REP in one’s apartment building mailbox

Defendant had a reasonable expectation of privacy in his mailbox in an apartment building from unreasonable searches. A search warrant was sought through the Bronx DA, but they were short staffed and recommended the officers get landlord consent. That was … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Good faith exception, Ineffective assistance, Mail and packages, Reasonable expectation of privacy | Comments Off on NY Bronx: REP in one’s apartment building mailbox

MI directs its CoA to consider application of exclusionary rule in zoning case

The Michigan Supreme Court remanded Long Lake Twp. v. Maxon, 2021 Mich. App. LEXIS 1819 (Mar. 18, 2021) (posted here) to determine below whether the exclusionary rule should apply in a zoning case. Long Lake Twp. v. Maxon, 2022 Mich. … Continue reading

Posted in Exclusionary rule, Mail and packages, Prison and jail searches, Reasonable suspicion, Subpoenas / Nat'l Security Letters | Comments Off on MI directs its CoA to consider application of exclusionary rule in zoning case

D.D.C.: No RS for sniff of luggage carried by Amtrak passenger

On the whole, there wasn’t reasonable suspicion for the dog sniff of the luggage they were carrying. Moreover, the court does not find they consented to it. The court declines to credit the testimony of the officer about nervousness and … Continue reading

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