{"id":1251,"date":"2008-04-18T08:23:21","date_gmt":"2007-08-15T09:20:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-08-16T09:20:56","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1251","title":{"rendered":"FedEx’s Oakland hub is functional equivalent of border for overseas shipments"},"content":{"rendered":"

FedEx packages bound for the Phillipines were checked by Customs at the FedEx Oakland facility before shipment overseas looking for shipments of cash. After discovering a package with a letter referring to sex with minor by a U.S. citizen in the Phillipines, Customs started looking at all packages from this individual. It was determined that he traveled to the Phillipines 43 times in the previous eleven years. Other package inspections revealed more incriminating evidence of sex with minors. Customs found he had booked a flight to Manila from LAX, so they encountered him at the airport and searched his luggage finding child porn, including pictures of him with children. Following United States v. Abbouchi<\/a>, 05-50962 (9th Cir. July 13, 2007) (UPS’s Louisville hub was functional equivalent of the border<\/a>), FedEx’s Oakland hub is the functional equivalant of the border. United States v. Seljan<\/a>, 497 F.3d 1035 (9th Cir. 2007).<\/p>\n

Terminating high speed chase by causing a crash warrants summary judgment. No constitutional violation occurred, following Scott v. Harris<\/a>, 127 S. Ct. 1769, 167 L. Ed. 2d 686 (April 30, 2007). Beshers v. Harrison<\/a>, 495 F.3d 1260 (11th Cir. 2007):<\/p>\n

The Supreme Court recognized in Scott v. Harris<\/em>, …, that this typically means adopting the plaintiff’s version of facts in a qualified immunity case. Nonetheless, in this case, as in Harris<\/em>, we have the benefit of viewing two videotapes from the patrol cars involved in the pursuit. Thus, to the extent Appellant’s version of the facts is clearly contradicted by the videotapes, such that no reasonable jury could believe it, we do not adopt his factual allegations. Id.<\/em> <\/p><\/blockquote>\n

This appeal did not decide a search issue, because the defendant accepted for appeal the trial court’s conclusion that he lacked an expectation of privacy in the contraband. Defendant was involved in receiving a shipment of twenty acetylene tanks which were shipped from El Paso to New Jersey. Undercover DEA officers received the tanks, inspected them, and then flew them to New Jersey rather than drive them, then set up sophisticated surveillance on the receiving end when the drugs were delivered. The issue on appeal was a trial error, which was rejected. The case is at least interesting for the lengths the DEA went to accomplish this bust. United States v. Cugno<\/a>, 255 Fed. Appx. 5 (5th Cir. 2007)* (unpublished). The introductory paragraph:<\/p>\n

On January 28, 2004, Drug Enforcement Agency (“DEA”) Special Agent Daktor Holguin (“Holguin”), posing undercover as a tractor trailer driver, had several telephone conversations with Alejandro Garcia-Lozada (“GarciaLozado”), in which Holguin agreed to pick up twenty acetylene tanks filled with marijuana and transport them to New York. The next day, at Garcia-Lozada’s direction, Holguin met Cesar Trevizo (“Trevizo”) at a convenience store and accompanied him to a warehouse. At the warehouse, Holguin met Omar and Cesar Calvillo (the “Calvillo brothers”), who helped Holguin load the twenty tanks into his tractor trailer. The tanks were between four and five feet tall and black, and they resembled large oxygen tanks. Holguin transported the tanks to the DEA’s El Paso field division office. <\/p><\/blockquote>\n

Court finds consent was voluntary based on a credibility determination that the officers were more believable on the validity of consent than the defendant and his wife who consented to the search. United States v. Foster, 2007 U.S. Dist. LEXIS 58963 (E.D. Ark. August 10, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1251","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1251","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1251"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1251\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1251"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1251"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1251"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}