So, say you're caught. How would they prosecute this?

How could prosecutors prove that you ordered a package on the darknet?

Since it's anonymous couldn't anyone, theoretically, be sending a package to your house in your name?

Just because you took it inside and opened it, that doesn't mean you ordered it. Someone else could have been trying to set you up, or just sending drugs to people for shits and giggles. Since it's all anonymous, how could prosecutors eliminate that option?

I'm wondering what, if any, case might be made in court.


Comments


[11 Points] None:

I believe people overestimate the "plausible" in the deniability concept if they want to present an alternate version of events for how they were caught with drugs in the mail. It strikes me as about as likely as "someone planted them in my bag."

Technically, sure, anyone could send anyone else drugs in the mail in hopes of getting them arrested. But most likely, if someone was caught because their package was intercepted it isn't going to be by a fluke. The more likely scenarios are: the vendor packaging is being profiled, or the buyer is being watched.

Using proper opsec on the computer is key in making it less easy to prove by finding evidence on the computer history. But lack of evidence on the computer isn't going to become evidence of lack of activity.

It seems most arrests people have been able to confirm have been related to DNMs only because that was the source of the drugs. But possession/intent doesn't require finding out the source of the drugs; it really only requires someone be in possession.

And most importantly: the police and other law enforcement agencies only gather evidence. The district attorney is in charge of charging and prosecuting someone. This is the reason it is extraordinarily important for people to remember their rights and not the to talk their way out of something with the police. Don't allow then to search with it a warrant. If they have one, be quiet and let then do their job. Say absolutely nothing, especially denying anything or trying to explain things away. This is not the time to use internet advice any longer.

Know the name and number of a criminal defense attorney and only speak to them. And tell them the truth - criminal cases are often won because of procedural issues, being factually innocent doesn't matter. It happens all the time. At the end of the the day, it's important to remember that much if this is a very serious crime, and all the tips and tricks out there to minimize risk isn't going to erase this fact. It's important to really understand what you're doing and not fool oneself into thinking that a personal amount of weed isn't "worth" prosecuting. It can be. The time to stop thinking completely for yourself is when there's a knock on the door, then it really is time to learn to trust your attorney.

One last thing: public defenders and not automatically "shitty" because they're assigned and not selected. My dad spent his career as a public defender and was GOOD at his job. He cared very, very much that he give everyone a fair trial and three absolute best defense he could. He never left that practice, not for more money or more prestige. Many defense lawyers feel the same way. They are paid decently well, or nobody would take the job. Even if someone feels they're being neglected, it's important to remember they're still your best ally.


[4 Points] None:

[deleted]


[2 Points] Hank_Vendor:

It all depends what they think you've been doing and how much they want to get you. But assuming they want you bad:

I would guess they'd hair test you and find out how long you've been doing x for, and how much.

Then they'd see what other mail you've been receiving and from where.

They'd toss your house, go through your rubbish. Get hold of your bank records. Combined with your computer they'd find out when you bought bitcoin, how much, and which wallets you've sent to/from. Using that with any wallet keys they may find they'll identify the wallets you operate.

If its at all possible they will get your log in info for DNMs. Also a complete clearnet profile of you.

They'd get hold of everything on your phone, including alot of things you've deleted.

Depends then what they find. If they find shit, that's what they'd use. If they find nothing, they'll use everything they dug up with a healthy dose of bullshit, to scare you into a confession. That confession would then be what they will use.


[1 Points] bullsonparade2487:

This topic has been beaten to death. Basically, if you are ordering from the darknet you will almost certainly get caught in the event of an investigation if LE is motivated enough to build a case and seek evidence against you. Nobody can clean 100% of their tracks. If someone really was using your name and address as a drop, or you somehow were able to clean all of your tracks so that nothing was discovered, they won't be able to prove anything just by you signing for a package.

"Just because you took it inside and opened it, that doesn't mean you ordered it." True, but if it wasn't yours you are obligated to immediately contact the authorities once you saw the contents. By not doing so you are legally accepting ownership of said items. There is a lot of legal grey area around when a recipient assumes responsibility for a package, and to simplify it as much as possible think of it like this: if it was actually your order, in time they will find other things to pin on you and the acceptance of the package will add to the strength of their case. If it wasn't your order, or it was your order but you have superhuman ability to eliminate any electronic footprints, the acceptance of the package alone won't be enough to get you prosecuted unless they can prove you've opened it and were aware of the contents for any reasonable amount of time without contacting the police.


[1 Points] 367T:

I think the only way you can keep plausible deniability at that point is if the package is unopened, didn't have to be signed for, you have a clean house, and you can pass a drug test (depending on your country).

Before someone questions the whole drug test thing, I had a friend that was in this exact scenario. LE could prove that he had purchased bitcoin, had his package intercepted (he got weed that he later found out had a bad stealth reputation), but had a clean house. They still were probably going to be able to pin it on him because this is south east Asia in talking about, but he pissed clean on the test they had him take and decided it wasn't worth the effort of pursuing personal amounts at that point, but it all came down to the drug test.


[0 Points] stir_fried_abortion:

Your question is based on a faulty premise. Prosecutors do NOT have to prove that you ordered the package. For a drug possession charge they have to prove two elements: (1) You possessed drugs. (2) You knowingly possessed them.

There is no requirement that the state prove how you paid for them, or that you actually ordered them. Step one is learning the law and understanding what is required to convict you. Prosecutors do not have to "eliminate options." They have to prove you knowingly possessed drugs. For example, if someone sends you drugs without your knowledge, and you accept the package, open it, know there are drugs inside, and you keep the drugs, you can be charged with drug possession despite the fact that you didn't order it.

In general, if LE is going to conduct a controlled delivery on a suspect, they'll spend a few days investigating the person receiving the drugs before they do it. If their investigation turns up a prior criminal record, prior drug offenses, or contacts with other known criminals, they're more likely to pursue the case.

The pre-CD investigation gives LE an indication of whether they're dealing with a person likely to have evidence of drug use or drug dealing in their house already, and that evidence can then be used to convict. If a person were actually "set up" or sent drugs for "shits and giggles," then there would probably not be any of that evidence and the truly innocent person would have a stronger defense.