Silk Road forums
Discussion => Shipping => Topic started by: RobLoblaw on May 30, 2013, 11:27 pm
-
is having a letter/parcel found in transit with the goods inside enough to get a search warrant for the address on the package?
-
I'm thinking anyone could send anything to anybody at anytime. So I don't think they couldn't get search warrants for every package they intercept, but if its a regular occurrence and the address seems to be doing enough business, I imagine so.
Anyone with real legal knowledge care to chime in...
-
also i have read a couple times about people having packages seized at customs and then believing their address is being monitored. would this also include domestic mail or just mail going through customs? do the customs police contact the local police from the buyers address and have them monitor mail at the local post office. i'm not sure if local post offices have any technology to scrutinize mail or if local police are trained in identifying suspicious mail. and when you use the postal service are you giving them permission to open your mail if they think it may contain something banned?
-
Im pretty sure my Address may be flagged. I have had 1 2 international orders that haven't arrived. I figured I got selectively scammed the first time. I have received lots of domestic packages without a problem. Its been about 2 months and I haven't heard anything regarding the missing international packages.
-
wtf
-
could you please remove that post
nobody wants to read that shit
-
Oh god, my sides.
-
Lawyer here... for any of these 4th amendment issues, it's rarely black and white. I'd say that if USPS found drugs in a package, it is definitely reasonable suspicion and in some circumstances would be probable cause to get a warrant to search your house.
If you have no criminal record and the package has personal use quantities, I seriously doubt the cops would go straight to a judge to get a warrant - and if they did, it's not likely the judge would give them a warrant. It depends on the judge of course, but in general "the home" is considered the most sacred private area under the 4th amendment, and for that reason LE has a greater burden of establishing probable cause.
However, still assuming the above scenario, cops may try to talk to you first before going to the judge. If you exhibit odd behavior, or admit to anything stupid, that could be enough to tip the scales for PC and a warrant.
Assuming you do have a criminal record, or the package has large quantities of drugs, it's way more likely they'd have PC for a warrant. If you have a record for selling drugs or multiple possession charges, that could be enough to get a warrant without even talking to you first.
The ultimate question for the judge is "based on the facts, is it more likely than not that there is a felony quantity of drugs inside the house." Whether PC exists all comes down to the facts of each case - there's no absolute rule either way.
-
Lawyer here... for any of these 4th amendment issues, it's rarely black and white. I'd say that if USPS found drugs in a package, it is definitely reasonable suspicion and in some circumstances would be probable cause to get a warrant to search your house.
If you have no criminal record and the package has personal use quantities, I seriously doubt the cops would go straight to a judge to get a warrant - and if they did, it's not likely the judge would give them a warrant. It depends on the judge of course, but in general "the home" is considered the most sacred private area under the 4th amendment, and for that reason LE has a greater burden of establishing probable cause.
However, still assuming the above scenario, cops may try to talk to you first before going to the judge. If you exhibit odd behavior, or admit to anything stupid, that could be enough to tip the scales for PC and a warrant.
Assuming you do have a criminal record, or the package has large quantities of drugs, it's way more likely they'd have PC for a warrant. If you have a record for selling drugs or multiple possession charges, that could be enough to get a warrant without even talking to you first.
The ultimate question for the judge is "based on the facts, is it more likely than not that there is a felony quantity of drugs inside the house." Whether PC exists all comes down to the facts of each case - there's no absolute rule either way.
thank you very much +1
i dont live in the US so we dont have a 4th amendment. i live in the neighboring country to the north. i think we have similar laws though so this probably applies here as well. i dont see the point of the police coming to talk to you first before getting a warrant because if someone did have shit in there house they would just dispose of it before they came back. its like giving the person a big heads up.
is having your name and address on the letter they seized enough to arrest you?
-
They only come to talk to you first if they don't have enough evidence to get a warrant. They hope that when they talk to you, you'll admit to something, or do something suspicious, and THAT combined with the package of drugs will be enough to get a warrant. Sadly, people are often idiots and will incriminate themselves for no reason when questioned by cops.
Not sure if it's the same in Canada, but in the US it takes a lot of evidence to search a home. Cops can always find legally justified reasons to search your person, bags or vehicle when you're in public without a warrant, but house is another story.
-
Im pretty sure my Address may be flagged. I have had 1 2 international orders that haven't arrived. I figured I got selectively scammed the first time. I have received lots of domestic packages without a problem. Its been about 2 months and I haven't heard anything regarding the missing international packages.
is the package coming from a suspect country? nl or south america? you dont have to specify which country but keep that in mind. i would try switching up the address
-
Im pretty sure my Address may be flagged. I have had 1 2 international orders that haven't arrived. I figured I got selectively scammed the first time. I have received lots of domestic packages without a problem. Its been about 2 months and I haven't heard anything regarding the missing international packages.
is the package coming from a suspect country? nl or south america? you dont have to specify which country but keep that in mind. i would try switching up the address
The orders were from NL and Canada. It's impossible to know they even got sent out. 1 of the vendors has been accussed of selectively scamming, so who knows :/