{"id":50046,"date":"2021-10-26T07:38:49","date_gmt":"2021-10-26T12:38:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50046"},"modified":"2021-10-26T07:42:05","modified_gmt":"2021-10-26T12:42:05","slug":"ca5-five-day-delay-and-rerouting-of-package-for-search-was-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50046","title":{"rendered":"CA5: Five day delay and rerouting of package for search was reasonable"},"content":{"rendered":"\n<p>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 \u201cmail stream.\u201d They finally got to it before delivery and had it returned to Houston, a five day delay. Van Leewun involved a 29 hour delay that was reasonable. United States v. Gill, 280 F.3d 923, 928-29 (9th Cir. 2002), approved of a six day delay. This five day delay was reasonable under the circumstances. <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/pub\/20\/20-20116-CR0.pdf\">United States v. Beard<\/a>, 2021 U.S. App. LEXIS 31974 (5th Cir. Oct. 22, 2021).  [When it takes up to two weeks to get a letter from a state prison in your own state, there no longer is any reasonable expectation of timeliness with the USPS.]<\/p>\n\n\n\n<p>Requesting one\u2019s driver\u2019s license or other ID is not a seizure under the Fourth Amendment. As shown by the bodycam video, the encounter as a whole was consensual. <a href=\"https:\/\/isc.idaho.gov\/opinions\/47795.pdf\">State v. Walker<\/a>, 2021 Ida. App. LEXIS 35 (Oct. 22, 2021).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>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 \u201cmail stream.\u201d They finally got to it before delivery and had it &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=50046\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[99,69],"tags":[],"class_list":["post-50046","post","type-post","status-publish","format-standard","hentry","category-mail-and-packages","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50046","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\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=50046"}],"version-history":[{"count":6,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50046\/revisions"}],"predecessor-version":[{"id":50053,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50046\/revisions\/50053"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50046"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50046"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50046"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}