Receiving Drug Paraphernalia Through the Mail

[flyingron]

The state of WHAT?

Express mail is NOT first class mail.
Parcels generally don't get opened unless you're doing things like shipping media mail or doing something irregular.
Postmaster is all one word, please.

Friend needs a lawyer for sure.

[adj75]

Ok. Well there was nothing irregular about either package... I also dont understand why SWIM did not get contacted when the cash was gotten ahold of.
Does any one else think this is weird?

Obviously SWIM need a lawyer, but there are not even any official charges, and there may not be if SWIM just doesn't think about retrieving the package again.

[Mr. Knowitall]

Recently SWIM shipped my friend some cash (really bad idea) to pay him back for a guitar he sold SWIM. The cash never got to him.

Back in the day, they said "tambourine man"; now it's "guitar man"?

One possibility would be that the guitar man is under investigation as a drug dealer, and that the cash was intercepted by agents who are putting together a case against him. Based on that information, perhaps also with a search warrant, perhaps as a result of a drug dog 'hit', the authorities investigated a package coming to your friend and found the drug paraphernalia. As you somehow know that the drug pipe was "meticulously cleaned", perhaps there was ambiguity over whether a paraphernalia charge could be proved. But it sounds like your friend may have been told by the postal inspector that his package was seized as evidence in a drug case and would not be released to him. Tell your friend to share the actual facts, so we can stop guessing.

What are the potential penalties?

Laws vary by state (and federally), no charges have been filed, and you chose to ignore the instruction to identify the state. Perhaps you should ask a psychic.

Did they have legal grounds to open and search SWIM's package?

Maybe, maybe not. Perhaps they aren't sure that they followed procedure, hence the odd statement about the package but no charges (as of yet)?

Can SWIM be blamed for something that was simply shipped to SWIM?

Of course. Shipping yourself something in the mail doesn't let you avoid responsibility for possessing its contents.

What would the best course of action be? - considering SWIM would like his posessions back, but not if attempting to get them back is any risk.

Too many unknowns, not the least of which are whether the guitar man sells tambourines, whether the cash was intercepted as part of a suspected tambourine purchase, and whether the amount sent and any associated correspondence made it appear that the transaction was in fact for a tambourine as opposed to a guitar.

[adj75]

Ok Mr Know It All - you have actually been helpful.

For one, there has been no sale of tambourines, there is no plans for tambourines to come in the mail or anything like that. The only 2 things were dealing with are the cash, and the pipe.
I can share any other facts you think are valuable for your help...what do you need?

The state is OHIO.

[quirkyquark]

Thanks for the chuckles, Mr. KIA

I dont think it was first class mail. It was a rather large parcel post box... with insurance etc.

I guess it was legal for them to open it though?

BUT The cash in the envelope WAS First Class Mail from what I can tell...it was certainly lighter than 13 ounces, and shipped express mail in an envelope...

All Express Mail and Priority Mail is considered closed against inspection from all the case law I have read. Then again, using Express Mail to send cash and/or small amounts of drugs seems to be a favorite of drug traffickers. Search is illegal, and seizure beyond a reasonable time is also illegal. All Express Mail has a tracking number, what does his status (the cash envelope) show? It can't just disappear.

Same goes for his parcel unless it was sent Parcel Post or Media Mail. If they had reason to suspect SWIM based on the recipient of the cash, they could very well consider packages sent TO him suspicious, but they still need a warrant. The whole postmaster-told-him-to-run-not-walk-with-a-nudge-nudge-wink-wink sounds too incredible to be true. In general, law enforcement is more interested in people selling/distributing drugs or paraphernalia instead of someone just in possession of one pipe.

If you have the time, see this case for a real-life story about how the Post Office deals with Express Mail shipments involving drugs.

Let us know what the online tracking status at USPS.com shows for both the original Express Mail envelope and his pipe-parcel.

[adj75]

OK. Well the point is there were no drugs in either package...the closest thing that could be seen as that, from what SWIM tells me, a slight shade of resin on the pipe, so faint that only after a closer look it would be noticed.

The tracking shows that after being sent express mail from a local office, the cash parcel reached a major distributing and sorting facility about 5 hours later. No updates past that were made.

The pipe parcel isnt trackable online and the only time SWIM went in to track it was when SWIM went in and got this news.

[free9man]

OK. Well the point is there were no drugs in either package...the closest thing that could be seen as that, from what SWIM tells me, a slight shade of resin on the pipe, so faint that only after a closer look it would be noticed.

Just because it's hard to see doesn't mean it is not there. As I and KIA have pointed out, either or both may have been alerted by a canine unit which can smell MJ much better than we can see it. If SWIM is okay with never seeing the stuff or money, then SWIM can just ignore it. Maybe it'll never be an issue if SWIM does that. If SWIM really wants the stuff or money, SWIM will have to risk going in to make the pick up. It is pointless to speculate on what happened, whether a lawful search occurred, etc.. until such time as SWIM is charged with something or SWIM has to go through the courts to get the stuff/money back. If SWIM is arrested at that point, have SWIM come back here and give us the true and complete facts and maybe we can give SWIM some advice on how to proceed with the charges.

[quirkyquark]

^^^^ ditto.

Express Mail is insured by default for up to $100. SWIM can (on the phone) have the USPS initiate a trace for the cash envelope and possibly make a claim. As for his parcel, you still haven't told us how it was sent. If parcel post, can be opened for any reason (after K9 alert, etc.).

SWIM is also free to file a claim for up to the full value of the insurance he purchased on the pipe parcel. That may be an option if he doesn't want to go back to claim the parcel. If he is prepared to hire a criminal defense attorney, he should go back and claim the parcel.

Let this be a lesson to SWIM to use UPS or Fedex in the future. They have no investigatory or enforcement powers whatsoever, so either they just deliver the package as is, or they make a controlled delivery with regular police waiting in te background to rush in with a search warrant.

[adj75]

Yeah...I understand that the dogs can sniff it out...My point is that it wasnt a dirty bong...with only that minute amount of THC on a pipe..would law enforcement really care?

Can anyone think of a way for SWIM to attempt to inquire about his parcels, without incriminating himself, or "getting his foot in the door?"

How about calling his lawyer and seeing if the lawyer would call the postal inspectors to inquire about said parcels, on the knowledge that it hasnt gone anywhere in 2 weeks. There is something to be said for cutting losses, but it a very significant loss to SWIM.

Can you guys think of any other way to inquire about the status of these packages/the investigation without any risk of self-incrimination?

[quirkyquark]

Can you guys think of any other way to inquire about the status of these packages/the investigation without any risk of self-incrimination?

See above. File a claim for the cash envelope on the phone. 1-800-Ask-USPS. Do the same for the parcel, but that may require a paper form to be signed and submitted in person. If so, do it at some other post office in town.