Results 1 to 9 of 9
  1. #1
    Join Date
    Jun 2013
    Posts
    3

    Question Can the Police Come to My Home Open and Take My Mail from Outside

    My question involves police conduct in the State of: Michigan
    About 2 years ago...I was involved in a retail fraud case were a search warrant was issued to search my home...apparently I stole some toys from a store...well, the warrant stated that my house be search for the "certain" items that may have been stolen...well, as they started search for the items...I had delivered mail (2 boxes) sitting on my front porch.
    Without no permission from me they just opened my mail and took it with them along with evry single collected toy I have ever collected toys you could plainly see were from the 80's, 90's etc...now keep in mind my warrant was for "RETAIL FRAUD" from in a store. A lot of people are telling me that they violated my rights because, the warrant did not state for searching my mail...they also search both my cars and 2 of my sheds...I collect toys and they took all my collection, even though I had receipts I told them I would show to them.


    ~Thanks for the respect

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can the Police Come to My Home Open and Take My Mail from Outside

    Are you claiming the porch is not attached to the house?

  3. #3

    Default Re: Can the Police Come to My Home Open and Take My Mail from Outside

    Quote Quoting Ratlaw
    View Post
    warrant was for "RETAIL FRAUD" from in a store
    Stores ship items too, so not likely any help there.


    A lot of people are telling me that they violated my rights because, the warrant did not state for searching my mail
    Unless that "lot of people" are your defense attorneys, their opinion is meaningless. If your attorney is telling you that, then they apparantly have a strategy for suppressing any evidence found in those searches (which is the "fix" to address evidence obtained outside the bounds of a search warrant).


    they took all my collection, even though I had receipts I told them I would show to them

    And DID you provide those receipts? Have you provided them since?

    If the criminal case is still pending, you can expect any seized evidence to remain seized until the case goes to court. Your attorney can use those receipts to negate any relevant state's evidence. Or, you can press your attorney to make motions to release any seized evidence you can convince the court couldn't possibly be related. In any case, any relief through the court regarding a criminal case against you needs to be handled by your attorney.


    ~Thanks for the respect[/QUOTE]

  4. #4
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Can the Police Come to My Home Open and Take My Mail from Outside

    The wording of the search warrant will be vital, but I would hazard a guess that it allows the police to search anywhere on your property where the toys may be concealed. If you had boxes large enough to conceal the toys, they are subject to search as well regardless of if you claim it was mail or not. If they opened or took a regular envelop, then anything found in that envelop would be subject to suppression, but the rest of the case and search is still valid. Even if you argue that the boxes weren't part of the warrant, it doesn't negate the warrant or the case; only whats in the boxes. Since the boxes were taken under the color of the warrant and in good faith (thats what the cops will argue) there is no violation of your rights.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can the Police Come to My Home Open and Take My Mail from Outside

    apparently I stole some toys from a store.
    apparently? Like in you weren't aware that you stole the toys?





    once the "mail" is on your porch, it is no longer mail. It is now your personal property and subject to search and seizure as any other personal property would be. If it fit "within" the warrant, there is no error on their part.


    and retail fraud has nothing to do with the age of the merchandise in question. If you steal a toy made in the 80's from a retailer, it is retail fraud.

  6. #6
    Join Date
    Jun 2013
    Posts
    3

    Default Re: Can the Police Come to My Home Open and Take My Mail from Outside

    Quote Quoting jk
    View Post
    apparently? Like in you weren't aware that you stole the toys?





    once the "mail" is on your porch, it is no longer mail. It is now your personal property and subject to search and seizure as any other personal property would be. If it fit "within" the warrant, there is no error on their part.


    and retail fraud has nothing to do with the age of the merchandise in question. If you steal a toy made in the 80's from a retailer, it is retail fraud.
    There is NO video footage of me stealing anything...they came to my house on assumption...also, the toys were from "Toy's R Us"...NOT some flea-market...So, why take items that are from some other time period? I and my girlfriend said I have receipts for almost everything in my collection...It is easy as printing them off from my accounts on Amazon and Ebay...instead they just took my computer!
    They took all my collections + my old computer and it's monitor...Come on now!!!

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can the Police Come to My Home Open and Take My Mail from Outside

    =Ratlaw;717714]There is NO video footage of me stealing anything..
    .so? Haven't you ever been asked: if a tree in the forest falls, does it still make a sound? Of course it does and whether there is video recording of the theft does not alter the fact you stole.

    they came to my house on assumption...also, the toys were from "Toy's R Us"...NOT some flea-market...So, why take items that are from some other time period?
    You'll have to ask them.

    I and my girlfriend said I have receipts for almost everything in my collection...It is easy as printing them off from my accounts on Amazon and Ebay...instead they just took my computer!
    Wow, that sure makes it tough. Never heard of backing up your data? They cannot remove your data from he cloud either.

    They took all my collections + my old computer and it's monitor...Come on now!!!
    sounds excessive if the warrant was for toys stolen from toys r us in a very recent time period. I guess you will have to contest the confiscation of the toys that you actually have legally when you get into court.


    Oh, and to get a warrant, they have more than just assumption. They must have probable cause to believe you did commit the crime for a warrant to be issued.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can the Police Come to My Home Open and Take My Mail from Outside

    Quote Quoting Ratlaw
    View Post
    There is NO video footage of me stealing anything...they came to my house on assumption...also, the toys were from "Toy's R Us"...NOT some flea-market...So, why take items that are from some other time period? I and my girlfriend said I have receipts for almost everything in my collection...It is easy as printing them off from my accounts on Amazon and Ebay...instead they just took my computer!
    They took all my collections + my old computer and it's monitor...Come on now!!!
    It sounds like the prosecution theory is that you were engaged in the wholesale theft and online resale of toys, and thus that all toys and records of sale should be seized as part of the investigation of what they believe to be your criminal enterprise.

    This is a two-year-old case? Were charges filed? If so, what were they and have they been resolved? If they have been resolved, what was the resolution?

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,488

    Default Re: Can the Police Come to My Home Open and Take My Mail from Outside

    Quote Quoting Ratlaw
    View Post
    There is NO video footage of me stealing anything...
    No video does NOT mean there is no evidence. Most crimes are prosecuted without a whit of video or photographic evidence.

    they came to my house on assumption...
    Actually, they came to your house with a search warrant. That means that they presented their probable cause to believe that a crime occurred, and that the evidence of this crime had a likelihood of being found at your home and a judge concurred with their reasoning.

    also, the toys were from "Toy's R Us"...NOT some flea-market...So, why take items that are from some other time period?
    It could be that they did not know wen it was purchased - that's why they seize items that might be covered under the warrant - to investigate further. Plus, if they come across contraband that might be evidence in another crime, they are free to act on it.

    I and my girlfriend said I have receipts for almost everything in my collection...It is easy as printing them off from my accounts on Amazon and Ebay...instead they just took my computer!
    They took all my collections + my old computer and it's monitor...Come on now!!!
    If there is any suspicion that the items were obtained online, that emails were sent, documents manufactured, or any other element that could be related to the crimes alleged, then they can seize it (so long as the items are sufficiently covered in the search warrant or they come up with articulable probable cause and an exigency).

    Since this is two years old, why the sudden interest?
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

    1. Sponsored Links
       

Similar Threads

  1. Service Providers: Receiving Mail at My Home for Somebody I Don't Know
    By DorisLee in forum Consumer Law
    Replies: 18
    Last Post: 02-22-2013, 02:59 PM
  2. Theft and Larceny: Someone Open My Mail and Took the Contents
    By Justyna M in forum Criminal Charges
    Replies: 11
    Last Post: 12-06-2011, 06:06 AM
  3. Search and Seizure: When Are You Required to Open the Door for the Police
    By someone31 in forum Criminal Procedure
    Replies: 3
    Last Post: 04-16-2011, 06:07 AM
  4. Search and Seizure: Can Police Go Through an Open Car Window
    By nothingeagle in forum Criminal Procedure
    Replies: 4
    Last Post: 05-09-2010, 01:49 PM
  5. Search and Seizure: Can the police open your car door?
    By Duo in forum Criminal Procedure
    Replies: 11
    Last Post: 04-11-2006, 05:20 AM
 
 
Sponsored Links

Legal Help, Information and Resources