There are two scenarios where your FedEx package was seized by law enforcement. Package is rigid, bulky, or has excessive tape/string. The FedEx shipping company got conspiracy charges for facilitating the mailing of drugs. This is especially true during periods of long travel. FedEx prohibited items may vary depending on the country you are shipping in. What does it mean to give someone their flowers while they live? Postal Inspection Serviceseizesnonmailableitems including drugs, currency (cash or money), firearms, or other items. Green suggested that this would only have been proper had a FedEx employee been the one to identify the package as suspicious. Sometimes the cops are dressed like a FedEx driver delivering the package to the house. When FedEx finds drugs in a package, they will seize that package. Either way, anything you say to FedEx or law enforcement might later be used against you. The courier will report the sender to the authorities. 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. The agreement evokes Apple's recent announcement that it will scan people's photos for potential child pornography. The penalty for mailing prescription drugs is very heavy. How do you say let's keep in touch professionally? In an attempt to speed things up for the package delivery services, FedEx decided to only scan those packages which come from a specific country. 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. FedEx drivers type in who signed for the package. (+ Other Common Faqs), 15 Things To Know Before Buying Costco Sheet Cakes. He was sentenced to 5 years in prison after conditionally pleading guilty to possessing firearms in furtherance of a drug trafficking offense. See 13 U.S.C. 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. This website is for informational purposes only. Held for mailability determination means that FedEx is holding your package. 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. It will only mention U.S. Customs if there is an importation and forfeiture of drugs. This is because FedEx can open the packages and do a postal inspection service.. Don Pumphreyand his legal team atPumphrey Law Firmhave represented clients all over the state of Florida for drug charges. To meet the deadline, the claim must be actually received by the agency (in their hand) by the deadline, not simply put in the mail. You should not rely on this information when making decisions about your case. Drug packages can be screened by postal inspectors. FedEx does not x-ray all packages. The officers are looking for packages that contain U.S. Currency (cash), drugs, firearms, ammunition, or contraband. This is to avoid dangerous packages getting into government buildings. FedEx tries to find out if packages are actually drugs or if they contain explosives. The law is constantly changing and evolving. You cant use them to bring knives, etc. For one Florida woman, she received an unexpected delivery after ordering shipping bins on Amazon. Although legal penalties vary based on the type and amount of drugs being trafficked, generally speaking, a drug trafficking felony charge in the first degree would result in a penalty of up to 30 years in prison and up to $10,000 in fines. FedEx reserves the right to open and inspect any package deemed suspicious. Yes, it is illegal to mail prescription drugs. Why would basic dyes be more effective under alkaline conditions? The authorities investigated the case, and neither the husband nor wife were arrested. Illegal to Send Drugs Through the Mail Postal inspectors can screen packages to check for drugs like marijuana and other substances. According to a USPS brochure, reused packaging and boxes are only acceptable when all markings and labels are removed or completely marked out. The court disputed that. Law enforcement officers focused on the detection of suspicious parcels look for certain techniques that controlled substance traffickers might use to transport controlled substances and the proceeds from the sale of controlled substances. In other cases, a K9 drug dog might alert to a suspicious package. Some countries require stricter and additional documentation to pass through customs for certain prohibited items. As one of the largest courier and delivery services in the world, FedEx handles millions of packages every day. The US Post Office also has their own fleet of planes that are used for the same purpose, and these items are probably X-rayed. 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. A federal court ruled this month that evidence of drugs obtained by police from a package at a FedEx sorting center was not seized unconstitutionally, rejecting the defendant's arguments that the . Introduction: My name is Lakeisha Bayer VM, I am a brainy, kind, enchanting, healthy, lovely, clean, witty person who loves writing and wants to share my knowledge and understanding with you. These DEA task force agents and TFGs conduct parcel interdiction by working with commercial shipping and delivery companies to interdict drugs or drug proceeds that have been packed and shipped through these companies. I have always been a shopaholic. Does UPS or FedEx check packages for drugs? Drug traffickers like express mail because it enables them to track the location of the package. That is precisely what happened in Green's case, which, as Hall notes, doesn't raise specific Fourth Amendment objections no matter how unsavory it might be. Then it is likely that a drug dog will examine the package. The woman claimed that they felt something wasnt right when they received the order, that the containers had an extremely strong odor and were much heavier than they should have been. Their goods will be delivered safely. We have the experience needed to ensure thatyour rights are protected. And FedEx cooperates with themeven loans them the truck.". The postal service is a federal agency and youre shipping drugs across state lines. Police then entered Green's home and performed a warrantless search of the apartmentgoing through his trash, his cabinets, even a shoebox. They understand what it takes to defend your case and are willing to stand in your corner and fight for your freedom. If you know or suspect that the package contains drugs, do not send it. (Free $350 value.). Candidates for the examinations are rigorously scrutinized during the testing process. Saliva tests are more easily passed than urine tests, which is why they are more accurate. If you see stains, discoloration or crystallization on the wrapper, this could be evidence of a chemical or biological hazard inside. 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. You will get charged with felony drug trafficking for mailing weed. By following these simple guidelines, you can help ensure that your packages are safe and secure, and that you avoid any legal trouble. This means that they cannot be searched or seized. Your email address will not be published. No, you cannot ship prescription drugs through FedEx. The penalties for drugs mailed through FedEx and UPS are dependent on the type and weight of illicit substances within the package. If your package was seized, a state or federal law enforcement officer might knock on your door during an investigation. Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. The terms of use also explain that civil and criminal penalties, including forfeiture, may be imposed for making false or fraudulent statements or for the violation of any countrys laws on exportation, including but not limited to shipments originating in the United States. This approach is called risk-based screening. 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. Once notice is received, you only have 35 days to file a claim for court action. One of the main reasons a person may attempt to transport drugs via mail is because of the Fourth Amendment. What happens if they find drugs in your mail? The difficulty is that FedEx lets them do that," he tells, . In this case, you need to have your criminal defense attorney: If a drug package was seized by law enforcement, fill out the form on this page. The judgment shall also impose supervised release of at least 2 years in addition to imprisonment. "They've always cooperated with law enforcement. The shipping bins were sent from the Amazon shipping facility in Massachusetts. 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. The law enforcement officer uses a canine K9 drug dog to investigate packages at a UPS or FedEx shipping facility. 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 . FedEx might give you a number for the agency that seized the package or the case agent. Under federal laws, drug trafficking charges for mailing weed are up to: Drug trafficking is the selling, transporting, or importing of illegal drugs. What happens if FedEx finds drugs in a package? If you are unsure whether a package contains drugs, its always a good idea to err on the side of caution. Under FedExs terms of service, there is a fulllist of prohibited items, which includes marijuana, controlled substances, and any substance that has not been approved for medical use by the DEA. The officers must keep a log of false positive alerts, but the attorney has to demand that log and investigation the dogs records of false-positive alerts to show the phony nature of the procedures used by law enforcement. The company has a strict policy against the transportation of illegal substances, and it takes this policy very seriously. Drug Enforcement Administration registered distributors are the only ones who can mail prescriptions. After youfill out the form below, we will set up your free consultation. Typically, a law enforcement officer will use the assistance of a K9 drug dog to investigate the package. That is if you are able to slip drugs in to their network. In some states, the officer mightobtain a court order to transfer the money to a federal agency (usually the Drug Enforcement Administrative (DEA)) for adoption. Lets say that you were not mailing illegal substances. Because the driver doesn't know which house is yours. What happens if FedEx finds drugs in a package? The driver will pick up the shipment. The difficulty is that FedEx lets them do that," he tells Reason. We update the information on this website periodically, but the information on this site should not be used as legal advice for your personal problem. They've done that forever. If there is any suspicion, they will contact the appropriate law enforcement agency and they will handle it. FedEx is probably most famous for just not scanning packages at all. The police were able to seize the drugs from the couple and open an investigation, however, there were never any answers from Amazon. FedEx can legally open your package if they think they found weed in the mail. Traffickers know private parcel companies will leave the parcel in front of the residence. This is so true. "FedEx can control its own rights. It's got to be throughout the system. Once they have intercepted it, they will contact law enforcement to come to check it out. "They get so carried away that they decide to do things too soon, and then compromise the quality of their own case by doing that. There are in fact cases where someone has received drugs in the mail by mistake. Along with driving drugs across state lines, one way that people may attempt to move drugs is through the mail. Once a report is issued, we just do an internal investigation to verify the people, valid addresses, or shipment. Sign up to make sure you get your free consultation. 401; 18 U.S.C. Leslie Sammis has been fighting these cases for more than 10 years. In other words, the shipping company has to trust the recipient to accept the package and make sure that the package gets to the right location. But, FedEx does not scan your packages for drugs with a machine. We run out of free consultations every month. Fax: 813.276.1600, Sammis Law Firm
"The problem for the rest of us is what are they doing with others, like UPS, DHL, the Postal Service? If either private shipping company believes there is a suspicious package, they have the right to contact the police or theDrug Enforcement Administration (DEA)for review. If drugs are found in a package, FedEx will immediately notify the authorities, who will then take over the investigation. And FedEx cooperates with themeven loans them the truck.". FedEx will scan your packages for drugs visually. After the money is seized, the agency that seized the money must provide notice. You deserve reliable attorneys who get results. You want to invest into your future. USPS, FedEx, and UPS all have policies for dealing with the shipment of illicit substances. If you are shipping illegal items, they may have reached out to a law enforcement agency. In some cases, they may also face charges for intent to distribute, which can carry even harsher penalties. | FedEx is a reliable courier company to use . What makes a Fedex package suspicious? If the recipient was aware of that the package contained illicit substances, then they are considered just as guilty as the person who mailed it. How do I know if my package was seized? Sometimes the cops are dressed like a FedEx driver delivering the package to the house. We can all agree that most packages, including things that have been approved on board, are scanned for explosives. The most important thing is to be aware of what you are sending. If you are not shipping illegal items, then it was intercepted for mailability determination. But the big story here isn't the technical query; it's FedEx's relationship with law enforcement. This means that if there an illegal act is committed through the USPS system, it is classified as a felony. In many of these cases, local law enforcement officers will turn the cash over to a federal agency, including the Drug Enforcement Administration (DEA), which then adopts the property for a forfeiture proceeding under federal law. 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. A: A FedEx employee may approach you to ask you questions about the package or ask to open it for inspection. In addition to being aware of what you are sending, its also important to be aware of who you are sending it to. Yes. (USPS requires a warrant based on probable cause to search a package for . fake IDs (including credit cards); Individuals involved in the trafficking of controlled substances may use false names, street names, false identifying information, and fictitious business names to attempt to hide their true identity. If the person who answers at the receiving address accepts the package, then they are taken in by authorities. This will be your local law enforcement agency and the DEA (drug enforcement administration). 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. Your criminal defense lawyer legally cannot break the attorney-client relationship. 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