| 2013 - 2023 Sammis Law Firm P.A. In any forfeiture proceeding, the state or federal law enforcement agency will allege that the U.S. Currency came from an illegal source or was being used for an unlawful purpose. So, what can you do to avoid getting caught up in a drug trafficking investigation if you use FedEx or another courier service? The Fourth Amendment protects the rights of the people when you ship weed with USPS. Thelaw enforcement officer uses a canine K9 drug dog to investigate packages at a UPS or FedEx shipping facility. In conclusion, FedEx and other courier services take a hard line against drugs, and if drugs are found in a package, the consequences can be severe for both the sender and the recipient. The officer then uses the dog to "alert" to the package so that a search warrant can be obtained. You can only get the tracking notes once it is actually delivered. Through misdeclaration and because of poor frontline checking at the courier's end, if you manage to ship. The allegations of wrongdoing in these cases are often highly circumstantial. What happens when USPS or FedEx finds weed in packages? When FedEx finds drugs in a package, they will seize that package. And only state laws will apply to your drug trafficking charges. But, FedEx does not scan your packages for drugs with a machine. "The problem for the rest of us is what are they doing with others, like UPS, DHL, the Postal Service? Illegal to Send Drugs Through the Mail Postal inspectors can screen packages to check for drugs like marijuana and other substances. If they deem does not meet mailability standards, they will either: Lets say that your package has been seized by law enforcement. Your email address will not be published. First, speak directly with either your postal carrier (if package sent via USPS) or FedEx driver (if package sent via FedEx). It has Fourth Amendment rights, and it can invite the police in," says Orin Kerr, a law professor at Berkeley. How do I know if my package was seized? This is to avoid dangerous packages getting into government buildings. In many of these cases, local law enforcement officers will turn the cash over to a federal agency, including the Drug Enforcement Administration (DEA), which then adopts the property for a forfeiture proceeding under federal law. If you are sending a package to someone you dont know, or if the recipients information seems suspicious in any way, its best not to send the package at all. Can shipping companies open my package? You can get in trouble if someone mails you drugs if: If someone mails you drugs and a law enforcement agency finds it, they will either: The penalty for receiving drugs in the mail is drug trafficking charges. Whether thats protecting yourself with a prenup, getting a fresh start with divorce, or setting up your estate. Sometimes the notice goes to the wrong address. Garcia opened the FedEx package and found marijuana. Then at the sorting station, the package has to be sorted into a FedEx trailer. If you believe your shipping package was unlawfully seized or you want to file a lawsuit for getting seized packages back, contact us at 888-571-5590 to schedule a free, no-obligation consultation without further delay. FedEx does not x-ray all packages. (+ Other Common Faqs), 15 Things To Know Before Buying Costco Sheet Cakes. Some over-the-counter drugs are subject to the same regulations. . If youre in possession of, say, more than $10,000.00, you could be searched and your money could be seized by a police officer. Secondly, FedEx made some unrealistic claims about how their process would be a better user experience than their competitors. This technique is called a controlled delivery.. How are shipments checked? Candidates for the examinations are rigorously scrutinized during the testing process. material that is unlawful for minors; FedEx might give you a number for the agency that seized the package or the case agent. Every package is put through a scanner machine, or an x-ray machine, to verify that the items you are shipping match your customs forms. Dont According to a USPS brochure, reused packaging and boxes are only acceptable when all markings and labels are removed or completely marked out. Some people may attempt to send drugs through the mail because they believe the Fourth Amendment protects them from having their packages searched. Call us to schedule a time to talk with the attorneys in the office or over the phone. FedEx reserves the right to open and inspect any package deemed suspicious. I understand that submission of an online form does not constitute an attorneyclient relationship. 1001; and 50 U.S.C. When FedEx finds drugs in a package, the consequences can be severe. FedEx DOES X-ray packages, but thats only packages going into the Washington, D.C. area. Its Legacy Is Disastrous. Individual shippers may only ship alcohol (e.g., wine, beer, and liquor) to other individuals. ), Fedex Says Delivered But No Package (reasons Why This Is Happening + More), What Is Fedex Express (how Fast Is It, Price + Other Faqs), Can I Cancel A Fedex Shipment? the place the money came from or was headed; the fact that a large amount of U.S. Currency is being shipped; the fact that other packages were shipped the same way; and. Learn more about the attorney's qualifications and experience in fighting criminal cases. The officers must keep a log of false positive alerts, but the attorney has to demand that log and investigation the dogs records of false-positive alerts to show the phony nature of the procedures used by law enforcement. The officers are looking for packages that contain U.S. Currency (cash), drugs, firearms, ammunition, or contraband. 1868, 20 L.Ed.2d 889 (1968). And if you have any doubts about the contents of a package, its always better to err on the side of caution and not send it at all. They've done that forever. The court disputed that. Althoughmarijuanais considered legal in certain states across the United States, mailing a package containing drugs is a serious offense. It isn't efficient to have all of the pkgs checked by police dog, so almost all of it gets through. We can all agree that most packages, including things that have been approved on board, are scanned for explosives. What happens if FedEx finds drugs in a package? FedEx will send you a letter telling you that they couldnt deliver your package. As soon as the couple opened the bins, they found a large amount of marijuana and immediately called the police. Parcels containing controlled substances or the proceeds of controlled substances trafficking are often delivered to a location other than the traffickers residence, such as a vacant house, unknown residence, co-conspirators residence, relatives friends residence, or business. Call the General Customer Support Line. Other penalties depending on drug type and quantity transported. That is if you are able to slip drugs in to their network. Garcia then took the package from the FedEx center and had another detective, dressed as a FedEx employee, bring it to Green's home, where officers monitored the premises. Individuals involved in the trafficking of controlled substances may convert the currency proceeds of trafficking activity into money orders, prepaid debit cards, prepaid credit cards, or gift cards. 2. FedEx and other courier services have sophisticated screening processes in place to detect drugs and other illegal substances, so its best not to take any chances. 3.1.2023 9:15 AM, Joe Lancaster Sometimes the cops are dressed like a FedEx driver delivering the package to the house. Why do law enforcement officers and local police departments focus on parcel interdiction at UPS and FedEx? Most parcel interdiction is conducted by local law enforcement officers working on DEA interdiction Task Force Groups (TFGs). Such was the case with Herbert Green, who had his package singled out at a FedEx sorting center after Kansas City Police Department (KCPD) Detective Antonio Garcia noticed a return label from Brownsville, Texas. To lawfully seize the package for investigative purposes, the law enforcement officer must have reasonable suspicion that the package contains contraband. What happens if FedEx finds drugs in a package? It's not just FedEx.". If the recipient accepts the package, an arrest can be made. If a federal agency seized the cash or if the federal agency adopts the seized property, then the forfeiture proceeding must follow federal law. It's not uncommon to get offered a job on the spot if you ace your interview, and you could be asked to take a drug test . An attorney can make sure the verified claim is filled out properly, includes all of the required information, and is filed and received by the agency before the deadline expires. What happens when a law enforcement officer works on parcel interdiction at the FedEx or UPS facility? Packages are X-rayed, so they can be scanned with a CT machine. "I'll wind up driving up and down the road, trying to figure . And so that they can properly defend you and give you legal advice. Either way, anything you say to FedEx or law enforcement might later be used against you. rule that the officers violated Green's rights when they conducted their sweep of his home. FedEx claims agent will review and process your claim. 305; 22 U.S.C. Any individual shipping prescriptions will get charged with drug trafficking. Here are some things that FedEx looks for: talk about how they find suspicious packages. Traffickers or their associates will then pick up the parcel after it has been delivered and will take it to another location where the trafficker operates his or her illegal activities. But private companies like UPS, FedEx, and DHL can reserve the right to open packages.). FedEx drivers type in who signed for the package. The judgment shall also impose supervised release of at least 2 years in addition to imprisonment. but the word is broken into three tokens. If there is probable cause to believe that a letter or package contains something that is in violation of federal law, then the Postal Inspectors can request a search warrant to open the piece of mail. Customs (CBP), etc. Common Characteristics of Suspicious Packages Package or envelope with suspicious leaks, stains, or powdered substances. At LEAST 10 years of imprisonment, and up to a 10 Million dollar fine (for first offense). Reviews: 84% of readers found this page helpful, Address: Suite 835 34136 Adrian Mountains, Floydton, UT 81036, Hobby: Skimboarding, Photography, Roller skating, Knife making, Paintball, Embroidery, Gunsmithing. We can help you track down the notice of seizure, file a verified claim, and challenge an illegal search or seizure. This is done to lower the risk of the main trafficker being caught or identified by law enforcement officers. For more information on drug charges and specific penalties, readhere. Under Federal law, it is illegal to mail any prescription drugs or pills. Instead of answering questions from the state or federal agent, contact an experienced civil asset forfeiture attorney to discuss the facts of the case including: The issue in these cases is whether the officer who intercepted the package had probable cause to think the package was related to drug trafficking or money laundering. The judges agreed. After Green returned to his apartment, he placed the box inside and was arrested by the officers in a nearby parking lot shortly thereafter, prior to any of them knowing what was in the package. "I don't agree with it. (Video) Florida sending and receiving drugs in the mail. This article was last updated on Monday, October 24, 2022. Your chances of getting caught mailing weed depend on how well its packaged. The officers are particularly interested in packages being shipped to a source state such as California. (all You Need To Know), Fedex Sort Facility (what Is It + Other Common Faqs), Does Fedex Print Labels? We were still pretty fearful our home would be broken into, and we didnt sleep there for a few days, said the woman. An attorney can make sure you get a copy of the notice. Typically the carrier does not detect it (the shipper is the one who sends the package). "I've sometimes equated what cops do with these things as premature ejaculation," says Hall. How do I prepare for a Solutions Architect interview? If you are caught shipping edibles, you will get the same charges as if youre shipping weed. Tampa, FL 33602 Government buildings mailing weed depend on how well its packaged and it can invite the police,... The agency that seized the package has been seized by law enforcement must... Fedex or UPS facility reserve the right to open packages. ) will either: Lets that... Can reserve the right to open and inspect any package deemed suspicious can be made enforcement might later used! Or the case agent seize the package or the case agent can the! 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