You will get charged with illicit drug trafficking of Schedule 3 or 4 narcotics. Its Legacy Is Disastrous. FedEx is a reliable courier company to use . In some states, the officer mightobtain a court order to transfer the money to a federal agency (usually the Drug Enforcement Administrative (DEA)) for adoption. The US Post Office also has their own fleet of planes that are used for the same purpose, and these items are probably X-rayed. What happens if they find drugs in your mail? The court disputed that. Does USPS scan packages for drugs? Kinda hard to arrest someone on grounds of an unopened package that might or might not be illegal. Whether or not, "I don't agree with it. Saliva tests are more easily passed than urine tests, which is why they are more accurate. "FedEx can control its own rights. Drug packages can be screened by postal inspectors. Postal Service. Since the agency can still choose to go to trial or settle, we will need to consider all the ways to resolve this case. But while the relationship between FedEx and police is far more obscure, is has quietly existed for some time, says John Wesley Hall, an expert in Fourth Amendment law and the former president of the National Association of Criminal Defense Lawyers. Sometimes employees at UPS or FedEx will secretly flag suspicious packages for law enforcement officers. 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. The law is constantly changing and evolving. 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. If the person who answers at the receiving address accepts the package, then they are taken in by authorities. FedEx drivers type in who signed for the package. (all You Need To Know), Does Fedex Update Tracking? For truck shipments, cargo carriers train employees to look for suspicious behavior, including anything that looks odd about the package, or a shipper who buys too much insurance for what he says is in the box, Cohen said. Then it is likely that a drug dog will examine the package. The lower court will now determine whether the officers' subsequent search warrant would have been obtained had the cops not been armed with information gained from illegally rifling through Green's possessions. Leslie Sammis has been fighting these cases for more than 10 years. Your FedEx tracking will say Seized By Law Enforcement.. If you get caught mailing weed, you will get up to 5 years in prison and $250,000 in fines. If the recipient was aware that the package contained illicit substances, then they are considered just as guilty as the person who mailed it. In controlled delivery, UPS or FedEx will deliver the package (often with a delay). So, when law enforcement sees an express mail package of a certain size and weight, they are immediately suspicious. They understand what it takes to defend your case and are willing to stand in your corner and fight for your freedom. While the Alt key is pressed, and symbols. First, speak directly with either your postal carrier (if package sent via USPS) or FedEx driver (if package sent via FedEx). Althoughmarijuanais considered legal in certain states across the United States, mailing a package containing drugs is a serious offense. 2013 - 2023 Sammis Law Firm P.A. The frequency of scans varies, and it's not unusual for a shipment to go more than 24 hours without an update while it's on its way to the final destination. The woman claimed that they felt something wasnt right when they received the order, that the containers had an extremely strong odor and were much heavier than they should have been. and hold it down. There is likely an ongoing criminal investigation. It isn't efficient to have all of the pkgs checked by police dog, so almost all of it gets through. Save my name, email, and website in this browser for the next time I comment. I have personally witnessed 50 lb boxes filled with cocaine, many boxes and envelopes full of grass and hashish, and other illicit drugs. In addition to being aware of what you are sending, its also important to be aware of who you are sending it to. The judges agreed. Instead, you can exercise your rights under the 5th and 6th Amendments of the United States Constitution by saying: I have already hired an attorney. There are in fact cases where someone has received drugs in the mail by mistake. where the package came from and where it was headed; whether similar packages were sent or received; whether statements were made to UPS or FedEx; whether statements were made to law enforcement; why the cash or seized property was being shipped; or. Under Federal law, it is illegal to mail any prescription drugs or pills. Their goods will be delivered safely. In other words, the shipping company has to trust the recipient to accept the package and make sure that the package gets to the right location. Ill tell you about how FedEx handles package security in this article, so be sure to keep reading. | To avoid getting caught up in a drug trafficking investigation, its important to be aware of what you are sending, who you are sending it to, and the laws in your area. If the package contains drugs or dangerous substances, the package will be detained until the items can be sent back to FedEx. Whether thats protecting yourself with a prenup, getting a fresh start with divorce, or setting up your estate. The penalties for drugs mailed through FedEx and UPS are dependent on the type and weight of illicit substances within the package. Requests for personal and/or financial information. Law enforcement officers sometimes claim that money is shipped from states where marijuana is more expensive to states where marijuana is cheaper, while the marijuana itself goes in the opposite direction. You will know if your package was intercepted if your FedEx tracking says: Either scenario means that your package was intercepted by the postal inspector. This situation may arise for Floridians visiting states where marijuana is legal, who seek to send items containing marijuana back to Florida. You can only get the tracking notes once it is actually delivered. What happens if FedEx finds drugs in a package? Controlled delivery systems are a way to transport drugs in a way that lets you track them to see if there is a customer, and they are also a way that the dealer does not know when the package will be delivered. If the recipient was aware that the package contained illicit substances, then they are considered just as guilty as the person who mailed it. The case agent or the agency that seized the package might be able to get a number from FedEx. Your criminal defense lawyer legally cannot break the attorney-client relationship. USPS, FedEx, and UPS all have policies for dealing with the shipment of illicit substances. And that if you want to come into the store to pick it up, feel free to do so. Either way, anything you say to FedEx or law enforcement might later be used against you. "They've always cooperated with law enforcement. The seizure of U.S. Currency from a FedEx or UPS package is all too common. What happens if USPS finds drugs in a package? Sending wee in the mail gets you drug trafficking charges. Police "saw the only item they could seize pursuant to thewarrant, chose not to seize it and exit the premises, and proceeded to walk through the entire apartment for ten to fifteen minutes looking under a mattress, in the kitchen trash can, in kitchen cabinets, and at or in a shoe box," argued Green. As soon as the couple opened the bins, they found a large amount of marijuana and immediately called the police. Queleparece is a website that writes about many topics of interest to you, a blog that shares knowledge and insights useful to everyone in many fields. How do you say let's keep in touch professionally? 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. A federal court ruled this month that evidence of drugs obtained by police from a package at a FedEx sorting center was not seized unconstitutionally, rejecting the defendant's arguments that the seizure violated his Fourth Amendment rights. Don Pumphreyand his legal team atPumphrey Law Firmhave represented clients all over the state of Florida for drug charges. The customs examiner will decide whether or not to send the package back to FedEx, depending on the nature of the items. 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. Dont And only state laws will apply to your drug trafficking charges. If the package contains drugs or dangerous substances, the package will be detained until the items can be sent back to FedEx. ", Pentagon Experts Don't Trust Young Men With Guns, Red Bull, John Roberts Likens Biden's Executive Action on Student Loans to Trump's Executive Action on Immigration. Privacy Policy | Terms Of Use. During that time I was exposed to nearly every aspect of package processing. Those get his attention "right away," he testified, because of their material, which he claims are well-suited to shipping drugs. FedEx might give you a number for the agency that seized the package or the case agent. By following these simple guidelines, you can help ensure that your packages are safe and secure, and that you avoid any legal trouble. Whether you send drugs or another banned substance through the U.S. postal system or a private carrier, it is always illegal. This is commonly charged in U.S. District Court (Federal court). FedEx reserves the right to open and inspect any package deemed suspicious. This website is maintained by Jason D. Sammis and Leslie M. Sammis. Under FedExs terms of service, there is a fulllist of prohibited items, which includes marijuana, controlled substances, and any substance that has not been approved for medical use by the DEA. FedEx employees are subjected to urine and saliva drug testing. Follow the automated prompts to connect to a FedEx representative. The company has a strict policy against the transportation of illegal substances, and it takes this policy very seriously. 13. If the recipient accepts the package, an arrest can be made. She often takes civil asset forfeiture cases on a contingency fee basis which means you pay nothing until the money is returned. Drug trafficking can happen in a variety of ways. In many cases, that kind of alert is meaningless because no drugs are ever found. Here are some things that FedEx looks for: talk about how they find suspicious packages. (Video) Florida sending and receiving drugs in the mail. It has Fourth Amendment rights, and it can invite the police in," says Orin Kerr, a law professor at Berkeley. FedEx does not require a warrant to search a package for drugs. The business names and locations on the parcel are often false which helps hide the traffickers true identities from law enforcement officers. The post offices postal inspector has set your package aside. After youfill out the form below, we will set up your free consultation. 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. This website is for informational purposes only. So, what can you do to avoid getting caught up in a drug trafficking investigation if you use FedEx or another courier service? What happens if they find drugs in your mail? This button displays the currently selected search type. How do I prepare for a Solutions Architect interview? The officer then uses the dog to alert to the package so that a search warrant can be obtained. A federal court ruled this month that evidence of drugs obtained by police from a package at a FedEx sorting center was not seized unconstitutionally, rejecting the defendant's arguments that the . Whether or not Green's constitutional rights were violated turns on the timing, he adds: "Normally it only implicates the sender and receiver of the package's rights if it delays the delivery.". It's possible the package was simply delivered to the wrong address. But, they only X-ray packages going into the Washington, D.C. area. For example, FedEx policy prohibits shipping [a]ny item otherwise prohibited by federal, state or local law, rule or regulation. If you are caught attempting to ship any illegal items listed by FedEx, then you would likely face Floridadrug charges. Sometimes employees at UPS or FedEx will secretly flag suspicious packages for law enforcement officers. You are not required to make a statement. FedEx employees will contact local law enforcement if they suspect a package is suspicious. Up your free consultation which means you pay nothing until the items is actually delivered at... 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