The "anyone can mail anything to anyone" defense

Yes, it is true that anyone can put whatever the hell they want in a box and mail it to anyone they want. But if you get caught with a package of drugs, will that argument actually do anything to help your case? Will anyone really believe that someone who has a grudge against you would spend a bunch of money to send cocaine to your door to ruin your reputation? Kind of like the whole "never sign for anything" bit. Seems like sound advice, but does it work in practice? If a delivery man shows up and asks you to sign for your mail, you don't just say, "Oh no thanks, not today."

It might sound stupid, but it's an honest question. Were something to happen, is this a good defense? I feel like there are a few holes in DNM safety logic.


Comments


[18 Points] -FreewayRickRoss:

The anyone can send anything argument is kinda dated for my taste. I'm more partial to the "someone must be using my house for a drop location" argument. It's highly refined, like a classic vintage wine. Not underused, but not overly generic. Just the way it needs to be.

It doesn't come off as arrogant, but highly informed. Kind of like a news report on NPR. "I'm sorry Officer, I have no idea what this package is, but I was reading Newsweek and hearing the Cartel is using random address of our fellow faithful, god fearing American's to distribute their narcotics, do you think they could have chose me as their unknowing accomplice?"

You'll be off Scott-free in time for the brunch social at your local yacht club. I hear they have really great Hors o'devours.


[3 Points] None:

If I were ever in a situation I would give as little information as possible. The law states "knowingly" so you're best to act totally ignorant and oblivious and confused and scared.

source : was arrested for suspicious powder in my car, blamed pack of rambunctious club girls that I had given a ride home, "No idea where that came from, never saw it before in my life", beat it at court.

Thats the other thing, if they are at your house asking you questions, its prob to let to try and talk them out of arresting you, they are already gathering evidence for your trial which is where you will want to beat them and whip out your legal defenses. Anything you say to the police can and WILL be used against you.


[3 Points] None:

I have never believed it was a valid excuse and I have voiced the opinion a bunch of times.

There was a recent arrest that I swear I need to bookmark the link as someone else always ends up digging up the reference for me. A businessman was arrested, no control delivery, with a still-sealed package on his counter marked return to sender. He was charged with possession and intent to distribute the contents of the package. It's been too recent for the case to have been tried and I believe he will or has plead to lesser charges.

My belief if that if you, as a buyer, are going to be arrested, it's because you've been moving enough product for them to notice to. They will have other evidence and other reasons to suspect you. Possession is possession, until you have a certain amount then it's PWID. You're more likely to be charged with that than any of the dozen other things they could get you with involving darknet and Rico and state lines and using federal mail, etc. It's hard to prove the path to how you got contraband, but it's not hard to prove you have them if they're sitting in your house.

If you want to use plausible deniability and "someone else sent it to me," it's going to be used at trial, not as a means of preventing being arrested, charged, or indicted. Using an alternate version of events, such as someone sent it to you, is a defense, not a way to escape needing to use it as a defense. And when you use alternate versions of events, the burden of proof is on the defense to convince the jury that version is, in fact, plausible. My opinion is it's no more plausible than claiming someone else put drugs in your glovebox or bookbag.

It's still a good idea to follow the precautions because they can't hurt. I just don't feel it's a good idea to assume it will always work.


[2 Points] plurblur:

There are HUGE holes in it. But it's based on the fact people have been busted using the mail to send drugs countless times for many many many years. Lawyers come up with arguments like, "anyone can send anyone anything," and prosecutors must prove, beyond a shadow of a doubt to a jury, this person did indeed purchase these drugs.

So, over this time, it's been pretty well established, to win a conviction you need to have some evidence the individual knowingly purchased those drugs. Legally obtaining that evidence against you to use in court requires a certain amount of resources. So, as long as LE's view is, the resources required, for say, a controlled delivery, outweigh the benefit of convicting you of ordering 1/8th of weed, many will simply be ignored. The "love letter" they call them. You'll get a notice a package has been seized.

So, the HUGE hole in the argument is, it's ALL dependent on every level of LE not wanting to get you. Currently, publicly stated Fed policy is to "target the people who profit off addiction." The large cartels and syndicates, that's their MAIN focus. But it's also well known they have specific units that just buy drugs online all day, then try and trace back the sellers.

But, if Fed policy every changes. If say they feel it becomes too popular, and decide to target demand as well as supply their view might change, and they might feel it's worth those resources to get you for ordering. Cops do this all the time with open air drug markets. They get a UC to pose as a deal sell you whatever then arrest you down the street.

They could easily do this on the markets as well. Open vendor account you place order, they send it to your address, you get it, finalize escrow and say thanks. Probably rip it open package in the trashcan, get high that night and laugh at how easy it was. A couple of days and one search warrant later there is a knock at the door. "Did you receive package XYZ on such and such date?" "Oh why does that coke in your closet match the coke we mailed you?"

TLDR: People don't get caught because LE doesn't want to catch them, not because of any magical legal spell.


[1 Points] Samnite4Life:

Say nothing, speculate nothing. It's your lawyer's job to talk.


[0 Points] None:

Worked for Ross Ulbricht when DHS came to visit him...

"anyone can order something like this from the silk road... oh tell me have you heard of the silk road?? TELL ME TELL ME.. i used to have this dream that someone IRL would tell me about it not knowing that i created it.... woops i mean irrr plausible deniability... do you think i should get a lawyer? nah me neither... "