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9/19/2017 7:27:10 PM
Posted: 4/29/2001 10:26:52 AM EDT
If you get a mail that was sent to you from another state, Technically are you in possesion if you do not open the package upon recieving it? Machingbird
Link Posted: 4/29/2001 10:50:06 AM EDT
Let's see...A "friend" sends you a package full of cocaine in the mail, and that pesky drug dog sniffs it out before it's delivered. The Postal Inspectors dress up in those snazzy Letter Carrier shorts and personally deliver the package to your mailbox and watch you come out and pull the package out of the box and smile and dance with glee. Are you in possession of the cocaine? You bet you are! If you possess the package, you possess the contents. You can offer the "I didn't know what that doofus sent me" defense, but throwing the package in the safe without opening it kinda makes that unbelievable, as would the "I never opened the package so I didn't know what was inside" defense. This could be nitpicked to death with "what ifs" but the bottom line is that the leaky boat won't float.
Link Posted: 4/29/2001 11:33:37 AM EDT
Thanks. yea, I hear you, but i thought that some people beat drug raps because they were not in possesion because they did not open the package. Just gonna do some more checking.
Link Posted: 4/29/2001 12:19:46 PM EDT
Originally Posted By Machingbird: Thanks. yea, I hear you, but i thought that some people beat drug raps because they were not in possesion because they did not open the package. Just gonna do some more checking.
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This actually happened to a neighbor of mine. "Butch" had his supplier Fedex him several ounces of cocaine. But what Butch didn't know was the Feds had already busted the supplier and were tracking all shipments. They were waiting for Butch when he went to the Fedex depot and picked up the box. Their plan was to follow Butch home so they could catch him with the open box. But he stopped at the store on the way home, leaving the package in his car. The agents got anxious and arrested Butch in the parking lot, with the still-sealed Fedex Box in his car. They also had a warrant to search his house, but didn't find anything there (he was out of stock) so the only evidence they had was the unopened box from Fedex. The problem here is Butch could've claimed that he didn't know anything about it, and that he was merely responding to a delivery notice left by the Fedex driver (actually a federal agent) to pick up a box and had no idea who it was from or what was in it. Now, this is a guy who has been busted a few times before for dealing cocaine, and he's caught with 6 or 8 [b]ounces[/b] in his car!! Normally this would be a slam dunk, and Butch would get 20 years in prison. But the chances of a conviction were so slim that the Feds offered him a plea-bargain that included only probation and no jail time!!! Butch didn't want to take a chance on the trial and took the deal. Had Butch been home when the DEA agent dressed in Fedex Blue delivered the box and taken it into his house, they would've waited an hour and kicked in the door, and Butch would've probably died of old age in prison. But they blew it. Too bad - I actually thought we had gotten rid of the neighborhood drug dealer once and for all.
Link Posted: 4/29/2001 12:38:38 PM EDT
But what if "bitch" had not opened the package and yet still ahd it in his house? Mach
Link Posted: 4/29/2001 2:46:46 PM EDT
Originally Posted By Machingbird: But what if "bitch" had not opened the package and yet still ahd it in his house?
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I'm not a LEO or a lawyer, so I can't speculate on the nuances of evidence law. But imagine our [b]shock[/b] when we thought that we finally gotten rid the Neighborhood Scumbag - who got caught with a half pound of cocaine that he bought and shipped interstate - only to see him walk with a few $Thousand in laywers fees and 3 years probation!
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