CA3: There is no REP in the exterior of a package in transit

The initial detention and exterior inspection of the parcel sent to defendant did not implicate his Fourth Amendment rights because it occurred within the guaranteed delivery window. He had no reasonable expectation of privacy in the exterior of the parcel given to a mail carrier. His only possessory interest was in the timely delivery of the parcel, which was not infringed during the initial detention. Then, officers obtained a search warrant and had reasonable suspicion to further detain the parcel after discovering methamphetamine within the delivery window. United States v. Ali-White, 2025 U.S. App. LEXIS 2112 (3d Cir. Jan. 30, 2025).*

The affirmation of counsel doesn’t satisfy the Second Circuit’s rule of a standing affidavit from the defendant. United States v. Rivera-Valentin, 2025 U.S. Dist. LEXIS 16236 (W.D.N.Y. Jan. 7, 2025),* adopted, 2025 U.S. Dist. LEXIS 15131 (W.D. N.Y. Jan. 28, 2025).*

The search of defendant’s car was justified by the smell of marijuana and the passenger’s consent to look for his keys. State v. Falcon, 33 Neb. App. 331 (Jan. 28, 2025).*

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