Category Archives: Mail and packages

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

Posted in Franks doctrine, Mail and packages, Standing, Warrant papers | Comments Off on M.D.Ga.: No standing in packages sent to one’s address but with all different names on them

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

Posted in Mail and packages, Reasonable expectation of privacy | Comments Off on D.Conn.: Govt’s mere allegation def has possessory interest in package doesn’t give him standing; he still has to show it

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

Posted in Mail and packages, Plain view, feel, smell, Prison and jail searches, Reasonable suspicion | Comments Off on IL: Officers executing SW lawfully seized gun in plain view

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

Posted in Inevitable discovery, Mail and packages, Plain view, feel, smell, Qualified immunity, Search, Standing | Comments Off on OH: Opening car door was to secure uncooperative def, not search; plain view valid

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

Posted in Dog sniff, E-mail, Inevitable discovery, Mail and packages, Standing | Comments Off on NC: Dog sniff of package in mail stream reasonable

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

Posted in Mail and packages | Comments Off on CA5: USPS letter carrier not a 4A govt actor

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

Posted in Cell phones, Good faith exception, Mail and packages, Warrant execution | Comments Off on D.D.C.: No RS for sniff of luggage carried by Amtrak passenger

D.Mass.: Pretrial inmate mail was subject to search even though inmate handbook didn’t discuss it

While the pretrial inmate handbook didn’t say that outgoing mail was subject to inspection, the Supreme Court held in Stroud in 1919 that such searches were reasonable. And this one was too. United States v. Polanco, 2022 U.S. Dist. LEXIS … Continue reading

Posted in Cell site location information, Excessive force, Mail and packages, Prison and jail searches | Comments Off on D.Mass.: Pretrial inmate mail was subject to search even though inmate handbook didn’t discuss it

CA5: 17-day delay of package for investigation and SW was still reasonable

This 17-day delay in holding a package for investigation and developing probable cause for a search warrant was not unreasonable. There was reasonable suspicion for the initial detention, and, despite the delay, it was still reasonable. United States v. Martinez, … Continue reading

Posted in Mail and packages, Reasonableness, Warrant execution | Comments Off on CA5: 17-day delay of package for investigation and SW was still reasonable

W.D.Ky.: Confiscation of legal mail in prison is a 1A claim, not a 4A

“Because it is the First and Fourteenth Amendment, and not the Fourth Amendment’s prohibition against unreasonable search and seizure that protects against the reading and confiscation of legal mail by prison officials, the Court will dismiss Plaintiff’s Fourth Amendment claim … Continue reading

Posted in Mail and packages, Prison and jail searches, Standing | Comments Off on W.D.Ky.: Confiscation of legal mail in prison is a 1A claim, not a 4A

M.D.Pa.: Stopping UPS truck for dog sniff of packages wasn’t unreasonable

Of two coconspirators in a package containing drugs, the named sender has standing but the coconspirator does not. Stopping the UPS truck for a dog sniff of the packages did not interfere with any reasonable expectation of privacy. Besides, there … Continue reading

Posted in Mail and packages, Plain view, feel, smell, Protective sweep, Reasonable suspicion | Comments Off on M.D.Pa.: Stopping UPS truck for dog sniff of packages wasn’t unreasonable

OH6: No standing in a package stopped in transit where def’s name not anywhere on it

Defendant lacked standing to contest the detention of a package in transit in the Post Office because he was neither shown as the addressee nor the recipient. Even so, there was reasonable suspicion to detain the package. The dog sniff … Continue reading

Posted in Franks doctrine, Mail and packages, Probation / Parole search, Standing | Comments Off on OH6: No standing in a package stopped in transit where def’s name not anywhere on it

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

Posted in § 1983 / Bivens, Excessive force, Mail and packages, Reasonable suspicion | Comments Off on E.D.N.Y.: For § 1988 fee shifting, SCOTUS expert fees not awarded, only local rate

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

Posted in Excessive force, Mail and packages, Qualified immunity | Comments Off on N.D.Ohio: One day delay of package in transit was reasonable

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

Posted in Mail and packages, Seizure | Comments Off on CA5: Five day delay and rerouting of package for search was reasonable

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

Posted in Mail and packages, Prison and jail searches, Social media warrants | Comments Off on The Intercept: Federal Prisons’ Switch To Scanning Mail Is A Surveillance Nightmare

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

Posted in Issue preclusion, Mail and packages, Pretext, Reasonable suspicion | Comments Off on W.D.Mo.: Even if pretextual, this stop was otherwise reasonable

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

Posted in Dog sniff, Mail and packages, Reasonable suspicion, Seizure, Staleness, Standing | Comments Off on CA8: Taking box off FedEx conveyor belt for dog sniff didn’t deprive FedEx of custody