Category Archives: Mail and packages

E.D.N.Y.: For § 1988 fee shifting, SCOTUS expert fees not awarded, only local rate

The fact expert Fourth Amendment counsel would have charged the client $1,000-1,800 before SCOTUS isn’t binding on the district court for fee shifting. The local rate is what’s reasonable. Agudath Israel of America v. Hochul, 2021 U.S. Dist. LEXIS 233088 … Continue reading

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N.D.Ohio: One day delay of package in transit was reasonable

Defendant lacked standing to challenge the search of a parcel of drugs. “Even if Defendant could challenge the delay of delivering the Target Parcel, his argument fails. While ‘theoretically’ the ‘detention of mail could at some point become an unreasonable … Continue reading

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CA5: Five day delay and rerouting of package for search was reasonable

United States Postal Inspection Service and Department of Homeland Security officers reasonably suspected the package coming to defendant contained contraband. There was difficulty locating the package in the “mail stream.” They finally got to it before delivery and had it … Continue reading

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The Intercept: Federal Prisons’ Switch To Scanning Mail Is A Surveillance Nightmare

The Intercept: Federal Prisons’ Switch To Scanning Mail Is A Surveillance Nightmare (“The Bureau of Prisons has piloted a program that can give authorities ‘huge secret intelligence into the public sender of postal mail.’”) Politico: Covert Postal Service unit probed … Continue reading

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W.D.Mo.: Even if pretextual, this stop was otherwise reasonable

The traffic stop here was reasonable even if pretextual. United States v. Brown, 2021 U.S. Dist. LEXIS 155885 (W.D.Mo. July 30, 2021).* There was justification for defendant’s stop: driving 100 mph and other traffic violations. United States v. Young, 2021 … Continue reading

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CA8: Taking box off FedEx conveyor belt for dog sniff didn’t deprive FedEx of custody

Moving a suspicious looking box from the FedEx conveyor belt to a back room for a dog sniff did not require reasonable suspicion nor did it deprive FedEx of custody of the box. The dog alert provided justification for a … Continue reading

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E.D.N.C.: The fact the search violated the state constitution isn’t a factor on legality of the search in federal case

In a federal criminal case, the fact the search violated the state constitution isn’t a factor on legality of the search under the Fourth Amendment. United States v. Breeden, 2021 U.S. Dist. LEXIS 145729 (E.D.N.C. Aug. 4, 2021). Various factors … Continue reading

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CA4: No REP in FedEx packages with drugs sent to a dead man as a cover

Defendant had no reasonable expectation of privacy in FedEx packages with drugs sent to a friend’s house in the name of the friend’s deceased brother. United States v. Rose, 2021 U.S. App. LEXIS 20406 (4th Cir. July 9, 2021). When … Continue reading

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W.D.N.Y.: One has to show standing to get access to SW materials

Defendant has to show his standing to get access to the search warrant application under United States v. Pirk, 282 F. Supp. 3d 585, 594 (W.D.N.Y. 2017). United States v. Cobb, 2021 U.S. Dist. LEXIS 114405 (W.D. N.Y. June 18, … Continue reading

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N.D.Ill.: Sender of package whose name wasn’t on it had standing

Defendant who orchestrated delivery of a package whose name wasn’t on it as sender or recipient had standing in the package. United States v. Williams, 2021 U.S. Dist. LEXIS 88747 (N.D. Ill. May 10, 2021):

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CA11: Even if warrantless monitoring of a package in def’s home violated 4A, inevitable discovery applies

Even if warrantless monitoring of a package into defendant’s house violated the Fourth Amendment, inevitable discovery applies. There was an intensive investigation and time was of the essence. The exclusionary rule should not be applied. United States v. Watkins, 2020 … Continue reading

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E.D.Wis.: Clerical error in attaching wrong SW to affidavit where there were more than one for def could be corrected

A clerical error in attaching the wrong affidavit to multiple search warrants for defendant’s property could be read through and corrected. As to the probable cause, the affidavits showed it and the good faith exception would apply. United States v. … Continue reading

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CA5: Examination of addresses on package was reasonable and led to RS

There was reasonable suspicion for detaining this package based on the lack of veracity of the delivery and return addresses. Examination of the package in the mail sorting system was not a search or seizure. United States v. Jones, 2020 … Continue reading

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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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