Is Blind Ignorance a defendable position?

Question

Lets say that a person pays me an amount of money to transport a box from point A to point B. To make this simple lets just cut to the chase. Basically the box contains something illegal. I get pulled over or whatever and there is sufficient evidence for the box to come into play. Can I also be charged for the illegal contents of the box? Keep in mind that I had absolutely no knowledge of what was in the box, just that I was supposed to take it from point A to point B. I am not talking something like FedEx or UPS or similar types of services. This is a private transaction in all respects.

Just FYI, I did NOT get busted for anything. I heard the term on L&O and pieced together what they were talking about. If I HAD been busted I wouldn't have asked here... probably in my attorneys office.

Answer 1

Sort of. Technically, in order to be guilty of a crime, you have to form a 'state of mind' with an intent to do so. If you do something that seems to be legal but turns out not to be, then you are completely off the hook.

It's the 'seems to be legal' part that can be tricky. People are going to second-guess what you're doing after the fact. And if they decide that a normal person wouldn't think it was legal - that you were specifically TRYING to be ignorant, then you will still be prosecuted.

To skew your example a bit, if a shady looking character on one side of a national border hands you a box and thousand dollars and asks you to hand the box to his friend just on the other side of the border, you can bet that you're going to be punished if you're caught. On the other hand, if a friend who has (to your knowledge) absolutely no history of illegal activity is moving to another town and you agree to take one of his boxes for him, I can't see that you'd ever be tried for it.

Consider that every now and then grocery stores open boxes of bananas and find drugs inside. Neither the store nor the shippers are usually prosecuted for this. Business as usual. If you're going out of your way to do something, though...

Answer 2

No, blind ignorance is not a defendable position. First you took money to do his transaction would bring you to a conspiracy charge, and most common people would deny transporting anything without the contents knowledge. For example, airports are very strict on this issues, and charge everyone in contact with that box, suitcase, letter...etc. Be careful, the state/federal agencies supplemented laws to catch these unique criminal excuses. Hire a good Defense Lawyer, when you get busted, you may have a chance under the grandfather clauses under the law.

Answer 3

I actually know someone who went to jail several years ago for the exact circumstances you outlined.

It was very sad, to say the least because they really had no idea, and had been set-up by illegal drug traffickers -- who were never found, they went underground, closed their shops and moved -- while this person spent 2 years in a federal prison and then further plagued with parole and a record.

When the authorities attempted to visit the places the person told them the people who gave them the package lived or owned businesses, those place were vacant with no signs of the ghost who had made the arrangements for the package delivery. So the only person stuck with punishment -- yep, the delivery person.

Moral of the story, let UPS or FEDEX deliver all packages.

Answer 4

if you even suspect that the items being transported are illegal then you are guilty of conspiracy . possession is 9/10 of the law

Answer 5

Yes, if you are found transporting something like that you can be charged. I'd stay away form it, if i was you.

Answer 6

That's called "plausible deniability", and it's a complicated thing. It's open to interpretation.

Answer 7

I don't know but if I was a cop I'd cut you some slack.

Answer 8

yes you would get into trouble so make sure you are a commercial mail service so you will be totally innocenrt