Receiving Drugs in the Mail is a Federal Offense. Then, they will physically and visually scan them. The difficulty is that FedEx lets them do that," he tells Reason. A lot of times my questions went unanswered when it came to retail questions, so I started Talk Radio News. Instead, the officer needs a particularized and objective basis for the suspicion. Sending wee in the mail gets you drug trafficking charges. Its both agencies because youre mailing controlled substances through the postal service. USPS, FedEx, and UPS all have policies for dealing with the shipment of illicit substances. Since the agency can still choose to go to trial or settle, we will need to consider all the ways to resolve this case. After the couple went back and forth with Amazon for over a month, they only received a $150 gift card and were never connected with a supervisor to discuss the issue. Poor handwriting, misspellings, improperly addressed. They too could face criminal charges, including possession of illegal substances. do they need search warrants to bust you? FedEx can legally open your package if they think they found weed in the mail. 18. So, whether youre sending a package for business or personal reasons, always remember to think twice before you send. Answer (1 of 7): Well, nothing. In order to figure out a viable strategy for a defense in a case dealing with drug trafficking via mail, it is important to understand the specific circumstances of the case. Common warning signs of mail, text or online scams Unexpected requests for money in return for delivery of a package, often with a sense of urgency. Depending on what the substance and quantity is will determine the punishment. (USPS requires a warrant based on probable cause to search a package for drugs. If the dog alerts that something suspicious is in the package, then a warrant would be issued to open it. The courier will report the sender to the authorities. When FedEx detects contraband packages, they generally do not scan them. If they can prove that you ordered the pills, then you could potentially be charged with drug trafficking, especially if the package crossed state lines. To do so would be very expensive and time-consuming. Your chances of getting caught mailing weed depend on how well its packaged. The package will be opened and inspected. How do you say let's keep in touch professionally? What brand of grass seed do golf courses use? Yes, it is illegal to mail prescription drugs. We were still pretty fearful our home would be broken into, and we didnt sleep there for a few days, said the woman. will you get hit with federal drug trafficking charges? What happens if they find drugs in your mail? Through misdeclaration and because of poor frontline checking at the courier's end, if you manage to ship. It has Fourth Amendment rights, and it can invite the police in," says Orin Kerr, a law professor at Berkeley. Police use controlled deliveries to secure evidence against drug traffickers for federal court. Sometimes employees at UPS or FedEx will secretly flag suspicious packages for law enforcement officers. The postal service is a federal agency and youre shipping drugs across state lines. Yes, you can get in trouble if someone mails you drugs. If you have any other questions, feel free to ask them. Any individual shipping prescriptions will get charged with drug trafficking. The law enforcement officer uses a canine K9 drug dog to investigate packages at a UPS or FedEx shipping facility. Drug trafficking can happen in a variety of ways. 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. They can write things like, seized, law enforcement, DEA, U.S. If the package is in the house, and is grounds for the arrest, then it was most likely a CD. Are there penalties? FedEx reserves the right to open and inspect any package deemed suspicious. The authorities investigated the case, and neither the husband nor wife were arrested. When FedEx finds drugs in a package, they will seize that package. When FedEx finds drugs in a package, they will seize that package. In some cases, the recipient can even get charged with drug trafficking in both the state the drugs were mailed from, as well as from the state in which it was received. If they are caught, they could face criminal charges, including drug trafficking, which can carry a heavy prison sentence. 3.1.2023 7:00 AM, Charles Oliver Its important to remember that FedEx is not the only courier service that takes a hard line against drugs. Parcels containing controlled substances or proceeds of controlled substance trafficking activity are often sent by express or overnight delivery. After a bulk cash seizure from a FedEx or UPS package, contact Attorney Leslie Sammis who is experienced in fighting civil asset forfeiture cases to get the money back. The Department of Homeland Security Turns 20. 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. 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. To lawfully seize the package for investigative purposes, the law enforcement officer must have reasonable suspicion that the package contains contraband. It is not uncommon for people to attempt to mail drugs using these sources. FedEx knows that there are huge amounts of illegal drugs going through it's system every day. The Fourth Amendment protects the rights of the people when you ship weed with USPS. But private companies like UPS, FedEx, and DHL can reserve the right to open packages.). If a federal agency seized the cash or if the federal agency adopts the seized property, then the forfeiture proceeding must follow federal law. For example, the Express Terms and Conditions listed in the 2021 FedEx Service Guide explains: Prohibited items You are prohibited from tendering the following items for shipment, and you agree not to do so: At FedEx and UPS, officers often gain permission to monitor packages at the site. It's got to be throughout the system. So, what can you do to avoid getting caught up in a drug trafficking investigation if you use FedEx or another courier service? If you are caught accepting a mail delivery containing over 20 grams of marijuana, the penalty would be a third-degree felony, which could result in five years in state prison and up to a $5,000 fine. For example, traffickers will often seal the parcel with excessive tape to prevent the odor of controlled substances from leaking from the parcel. 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. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. Most parcel interdiction is conducted by local law enforcement officers working on DEA interdiction Task Force Groups (TFGs). Do not speak with any law enforcement officers without an attorney. 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. (all You Need To Know), Fedex Sort Facility (what Is It + Other Common Faqs), Does Fedex Print Labels? It's got to be throughout the system. Then packages are shipped to the airport. Without advertising income, we can't keep making this site awesome for you. Yet therein lies the problem with the police-FedEx relationship: It lends itself to abuse, giving cops even more power to fight a drug war that in many ways they already lost. According to a USPS brochure, reused packaging and boxes are only acceptable when all markings and labels are removed or completely marked out. The company has a strict policy against the transportation of illegal substances, and it takes this policy very seriously. 3.1.2023 4:00 AM, 2022 Reason Foundation | A common practice by both FedEx and UPS in the case of a suspicious package assumed to carry illegal drugs is to have a law enforcement officer partake in a "controlled delivery." Where the police officer would go undercover as a FedEx . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NEXT: Body Camera Footage Shows Louisiana Trooper Beating Man with a Flashlight Over a Traffic Violation. (The Law Offices of Roger P. Foley, P.A. 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. hate speech; Potential defenses include: One important thing to remember is that in order to get a conviction for mailing or trafficking drugs, the prosecution needs the evidence to be solid. In controlled delivery, UPS or FedEx will deliver the package (often with a delay). This approach is called risk-based screening. 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.". The officer then uses the dog to "alert" to the package so that a search warrant can be obtained. Typically, a law enforcement officer will use the assistance of a K9 drug dog to investigate the package. What happens if FedEx finds drugs in a package? UPSlist of prohibited itemsincludes marijuana, vape products, and any other substance prohibited under the law. This is to avoid dangerous packages getting into government buildings. FedEx Corporation drugs test employees of all types, although who gets tested and when they get tested may vary based on several factors detailed below. 1,000+ kg (2,200 pounds of marijuana): 10 years life in jail, 50 1,000 kg of marijuana: 5 40 years in jail, 50 kg or less of marijuana: 5 years in jail, the package is not in your name, but you accept the package, seize it and have FedEx send you a letter to come in to get the package, have a police officer do a controlled delivery of the contraband with a postal worker, package or envelope with suspicious leaks, stains, or powdered substances, the package is rigid, bulky, or has excessive tape or string, poor handwriting, misspellings, improperly addressed, excessive postage, no postage, or no/strange return address, ticking, vibration, abnormal sounds, strange odors, generic addressee and restrictive markings, no oddly shaped packages in a paper envelop, no heavy tools in small, incorrect packages, you were mailing illegal substances through the United States Postal Service, do not go to FedEx to pick up the package (even if they ask you to), do not accept delivery attempts of this package, reach out to a defense attorney for a free consultation in case you get criminal charges, Settle negotiations with law enforcement agencies, policemen dressing up as a FedEx driver and delivering it, law enforcement officers will arrest you when the FedEx drivers deliver it, 10s of thousands more in fees than you have to. Learn more about the attorney's qualifications and experience in fighting criminal cases. ", Yet therein lies the problem with the police-FedEx relationship: It lends itself to abuse, giving cops even more power to fight a drug war that in many ways they already lost. but the word is broken into three tokens. Inside the parcel, or attached to the controlled substances, traffickers will commonly include air fresheners, dryer sheets, axle grease, or other items to prevent detection by a canine trained to detect the odor of controlled substances. Also, when packages are scanned in the U.S., its because the package is going from one location to another, which means that the package could be stolen. Does USPS scan packages for drugs? Candidates for the examinations are rigorously scrutinized during the testing process. To learn more about FedEx, you can also read our articles on the many different areas they cover. You are not required to make a statement. Once they set it aside, they will inspect it or open the package at the FedEx facility. Looking for U.S. Currency in packages at UPS and FedEx provides huge indirect profits for the law enforcement agency that seizes property for forfeiture. If the amount of marijuana is higher, or the drug is more dangeroussuch as cocaine or herointhen the penalties will be even more severe. The 8th Circuit did rule that the officers violated Green's rights when they conducted their sweep of his home. 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. 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