11-10-2004, 10:46 AM #1
OK, so the feds are at your door....
READ!This is a great article, taken from the front page. After you read this if anybody has more info pertaining to the subject please state it. (I hope its okay to post this!!)
By Rick Collins, J.D.
If investigators want to bust you for a juice package, their goal will be to get you to take possession of the package. There are two reasons: 1) once you accept a package of contraband, you can be arrested for possessing it; and 2) the feds will have generally obtained a warrant to search your house that cannot be executed until you accept the package.
Thatís where your signature comes in. Signing for the package removes any argument that you didnít accept it. Especially when itís supported by the undercover agentís testimony about the conversation that took place. ďAre you Johnny Johnson?Ē You said, ďYes.Ē ďWill you accept this package?Ē You said, ďOf course!Ē and looked really excited when you saw the return address from China.
Could accepting possession be proven in other ways? Absolutely. The issue is determined by looking at everything you did and said. In the conversation we just described, you said you were the person who intended to receive the package, and you explicitly stated that you would accept it. The absence of a signature wonít magically protect you!
What if you refuse to sign, but try to accept the package verbally? A real courier wouldnít give it to you if a signature was required, but letís say this undercover agent courier would. Have you avoided an arrest and search? Of course not, because youíve accepted the package! Whatís more, your cagey behavior will be used against you to prove your knowledge of the illegal contents of the package Ė why else would you refuse to sign?
Iíve seen a number of cases where the target gets a funky feeling about the delivery guy and rejects the package. The undercover courier will then do everything possible to get the package into the targetís hands, with or without a signature. Itís the only way to execute the raid. In one desperate case, the courier blew his cover and flashed a badge. He summoned his partner, and the two asked to step inside to talk about the package. The target told them he had no idea what was in the package and that they most certainly could not come into his house. The agents said the package contained suspected drugs, and asked if they could open it. ďDo what you want, itís not my package.Ē They opened it, and inside were 500 Anabol tablets. ďMy mistake,Ē one agent said. ďThese are okay. You can import a personal use supply. Here, you can take them.Ē Nice try. The target told the agent to stick the tabs where the sun donít shine and avoided an arrest and raid by the eight other agents skulking in wait just off the property.
Given the headaches presented by savvy suspects, law enforcers are taking a new approach: wiring the package to signal when itís opened. When someone opens a package, thatís good evidence that heís the one who knowingly intended to possess it, right? It might even be stronger evidence than signing for it. The application for the search warrant will request authorization to execute the raid once the signal goes off. Several jurisdictions have begun using electronic signaling devices, typically AT-4ís, to confirm that a target has opened his package. No part of the device is visible unless the package is opened. It makes no audible sound but transmits an alert signal to a remote receiver manned by the agents. These devices are perfect in cases where a signature request might spook the target. An AT-4 can make the difference between a botched operation and a valid arrest and raid. Be aware that itís likely the wave of the future. [For a complete discussion of controlled deliveries, check out Legal Muscle].
11-10-2004, 10:50 AM #2
wow thats some good info!!!
11-10-2004, 11:52 AM #3
11-10-2004, 12:09 PM #4
Thank goodness for people like Rick collins.
11-10-2004, 12:24 PM #5
Good to know
11-10-2004, 01:17 PM #6
Very good post bro... I've read alot of Rick Collins articles... Good info to know...
11-10-2004, 01:26 PM #7
Cops will screw with a.s. and pull you over for speeding cuz they know we are not real criminals and will most likely say yes sir, no sir. I tell em around here to go raid a crackhouse if they wanna do something useful. They wont because they are scared, they know where all the crackhouses in town are and wont go near'em, they know those cats got AK's and will use em. pathetic.
11-10-2004, 01:26 PM #8
good post ddoublevision that is some real good info to know.
11-10-2004, 01:27 PM #9
thanks for the info bro.
11-10-2004, 01:45 PM #10Junior Member
- Join Date
- Aug 2004
Help me out: as far as the new wave, hidden transmitters that signal when the package is opened - if I read that correctly they can't execute their warrant until you open the package, right?
They can't stake out a house for weeks hoping to get a small time user - they don't have the budget for it. So, I'm sure those transmitters have a limited range - what if you wait 2-3 weeks to open it.
Or, what if you toss it in your car, and open it when you're not at home - would they still be able to execute their warrant?
11-10-2004, 02:02 PM #11
11-10-2004, 03:06 PM #12Originally Posted by alex117k
11-10-2004, 03:15 PM #13
HOLY CRAP!!!! You guys keep them talking while I clean up real quick. Thanks bro, I owe you one.
Seriously, good stuff......rick has a lot of good info...a must read for everyone.
11-10-2004, 07:11 PM #14
To the top with this one. This is good ino for everyone to keep in mind at all times.
If something doesn't feel right, it probably isn't.
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