Controlled Deliveries
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.
Thatâ??????s where your signature comes in. Signing for the package removes any argument that you didnâ??????t accept it. Especially when itâ??????s supported by the undercover agentâ??????s testimony about the conversation that took place. â?????Are you Johnny Johnson?â??? You said, â?????Yes.â??? â?????Will you accept this package?â??? You said, â?????Of course!â??? 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 wonâ??????t magically protect you!
What if you refuse to sign, but try to accept the package verbally? A real courier wouldnâ??????t give it to you if a signature was required, but letâ??????s say this undercover agent courier would. Have you avoided an arrest and search? Of course not, because youâ??????ve accepted the package! Whatâ??????s more, your cagey behavior will be used against you to prove your knowledge of the illegal contents of the package â?????? why else would you refuse to sign?
Iâ??????ve 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 targetâ??????s hands, with or without a signature. Itâ??????s 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. â?????Do what you want, itâ??????s not my package.â??? They opened it, and inside were 500 Anabol tablets. â?????My mistake,â??? one agent said. â?????These are okay. You can import a personal use supply. Here, you can take them.â??? Nice try. The target told the agent to stick the tabs where the sun donâ??????t 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 itâ??????s opened. When someone opens a package, thatâ??????s good evidence that heâ??????s 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-4â??????s, 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 itâ??????s likely the wave of the future. [For a complete discussion of controlled deliveries, check out Legal Muscle].
Rick Collins, J.D., a veteran lawyer and former competitive bodybuilder, is the author of the groundbreaking new book LEGAL MUSCLE: Anabolics in America, available through this site. [??© Rick Collins, 2003. All rights reserved. For informational purposes only, not to be construed as legal advice.]
