Controlled Deliveries

Controlled Deliveries
By Rick Collins, J.D.

Controlled Deliveries


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.


That’s where your signature comes in. Signing for the package removes any argument that you didn’t accept it. Especially when it’s supported by the undercover agent’s testimony about the conversation that took place. “Are you Johnny Johnson??You said, “Yes.?“Will you accept this package??You said, “Of course!?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 won’t magically protect you!


What if you refuse to sign, but try to accept the package verbally? A real courier wouldn’t give it to you if a signature was required, but let’s say this undercover agent courier would. Have you avoided an arrest and search? Of course not, because you’ve accepted the package! What’s more, your cagey behavior will be used against you to prove your knowledge of the illegal contents of the package ?why else would you refuse to sign?


I’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 target’s hands, with or without a signature. It’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. “Do what you want, it’s not my package.?They opened it, and inside were 500 Anabol tablets. “My mistake,?one agent said. “These are okay. You can import a personal use supply. Here, you can take them.?Nice try. The target told the agent to stick the tabs where the sun don’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 it’s opened. When someone opens a package, that’s good evidence that he’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-4’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 it’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.]

[that]

Originally posted by PECS@Mar 23 2005, 03:37 AM
Controlled Deliveries
By Rick Collins, J.D.

Controlled Deliveries
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.
That’s where your signature comes in. Signing for the package removes any argument that you didn’t accept it. Especially when it’s supported by the undercover agent’s testimony about the conversation that took place. “Are you Johnny Johnson??You said, “Yes.?“Will you accept this package??You said, “Of course!?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 won’t magically protect you!
What if you refuse to sign, but try to accept the package verbally? A real courier wouldn’t give it to you if a signature was required, but let’s say this undercover agent courier would. Have you avoided an arrest and search? Of course not, because you’ve accepted the package! What’s more, your cagey behavior will be used against you to prove your knowledge of the illegal contents of the package ?why else would you refuse to sign?
I’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 target’s hands, with or without a signature. It’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. “Do what you want, it’s not my package.?They opened it, and inside were 500 Anabol tablets. “My mistake,?one agent said. “These are okay. You can import a personal use supply. Here, you can take them.?Nice try. The target told the agent to stick the tabs where the sun don’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 it’s opened. When someone opens a package, that’s good evidence that he’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-4’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 it’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.]

Quoted post

Great post, everyone should take the time to read!

[Sphinx]

Read it many times, but always good to refresh the memory.

Rick Collins is the man!

[aznhulk]

some good information here. here's a bump for people that are expecting shipments.

[gymmania]

In regards to the tracking devise/signalling devise, would it then be best to open the package somewhere away from the receipient's property and discard the packaging as quickly and as remotely as possible?

[JACKEDUPFREAK]

wouldnt work bro you would be under surveillance

[gymmania]

Not to get to carried away with this point, but has anyone ever experienced this device or seen it? Could one open the package from the bottom or sides somehow, such that you wouldn't set the signal off, then maybe reseal, and mark with return to sender? In other words, is there any way around this signalling device other than just never opening the package? I guess you could also write return to sender on the package and let it sit for a month or so? Would have to have patience of steel tho!

[JACKEDUPFREAK]

there is one device that is used that is triggered by movement its similiar to a tracking device.if you take possession of that package i dont care if you open it or not be prepared to answer some questions

[gymmania]

Well, Until someone figures out a way around the tracking/signal device (and it would be nice to be able to look at one of these things) then we are all sunk, except if the person willing to accept the package is will to sit on it for a month or more or whatever it takes for the feds to loose patience!

[MR. BIG]

Originally posted by gymmania@May 11 2005, 04:29 PM
Well, Until someone figures out a way around the tracking/signal device (and it would be nice to be able to look at one of these things) then we are all sunk, except if the person willing to accept the package is will to sit on it for a month or more or whatever it takes for the feds to loose patience!

Quoted post

cORRECT ME IF I'M WRONG, BUT I BELIEVE there are electronic devices that one can carry on them selves that signal when when their- near/close- to a transmitter. Go and check out the various spy shops on the internet. Their fairly cheap. When one comes into contact with a transmitter, they give off a signal. Then you'll know that somethings in the package. Good Day, Gentlemen.

[Aussiephatcat]

Originally posted by JACKEDUPFREAK@May 8 2005, 12:42 PM
wouldnt work bro you would be under surveillance

Quoted post

This gadget will pick up any radio transmittion within 1/4 mile radius...and play the audio to you...

http://www.optoelectronics.com/xplorer.htm

There is great stuff on that website !!!

[JACKEDUPFREAK]

you would still be screwed because you took possession of the package

[Aussiephatcat]

Originally posted by JACKEDUPFREAK@May 15 2005, 04:27 AM
you would still be screwed because you took possession of the package

Quoted post

I agree, but with a reciever like that....you would hear all the cops chatting to each other around your house, if they were waiting for you.........

[JACKEDUPFREAK]

yeah i guess it would be interesting to see if it works anything would be cool to try and out smart them lol

[bluehazard]

I'm interested in just seeing what this device is. As much as it sucks, it's a pretty good idea. I'd like to know how it works.

As a side note about disabling it, I bet if you just tossed it in the microwave for a few seconds (hopefully it's a tabs only pack) the thing would short. Problem is, I bet they swarm in the second they lose transmission...