Is entrapment using the mail legal?

Question

Can the police in a Commonwealth State (example Virginia) simply deliver a box via USPS and arrest someone who does not live at the location after they accepted the box but did not sign for or open it?

Also, what are the ramifications of the police then seizing property from the house and not giving a property list to the owner so that they can identify their items?

Simply, can u just arrest someone for somethign u delivered even though there is no proof they own it?

I would be greatful if someone can shed light on this for me.

Answer 1

We arrested people on fraudulent use of credit cards, etc. for this every now and then. When someone uses a credit card they are not authorized for to purchase something and then send it to an address, we know where to go to get them.
Sometimes they send it to a vacant house and then pick it up after it is dropped off. Then they are fairly easy to catch because the address doesn't match the one on the credit card.
The U.S. secret service makes a lot of arrests for this after we arrest them and place a hold on them for the USSS.
I don't know of too many agencies that don't give receipts for confiscated property, we always did at some point it depends on how much was seized.

Answer 2

What it sounds like is a cooked up story or a blaitant violation of the Fourth Amendment. Nowadays the cops pretty much just do what they want and then leave it to the Courts to decide if the bust, arrest, etc., is, was, or isn't illegal. If the cops think you are a pushover dumb*** and make a mistake, it will be up to you or your attorney to bring it up BEFORE trial. Unless you have a court appointed attorney, then your screwed for sure. The police are not above the Constitution of the United States!!. Look in your local library and see if they have a criminal law section if so, then study up on your 4th Amendment or ask if they have a book commonly known throughout the legal proffession as the bible, called Georgetown Law Journal, 34th Annual Review of Criminal Procedure (2005) and look on page 189 under " Attenuation Exception " (Quote) " A Court may admit evidence that would not have been discovered but for official mis-conduct if the casual connection between the illegal conduct and the accquisition of the evidence is sufficiently attenuated. In Wong Sun, v. United States, the Supreme Court held that the proper inquiry is whether the evidence was obtained through exploitation of the Constitutional violation or by means sufficiently attenuated from the Constitutional violation so as to purge the evidence of it's taint. (See Note # 621 of page 190); Wong Sun 371 U.S.471, 488 (1963) See Also; (Note # 622); Brown v. Illinios 422, U.S. 590, 603 (1975) " Supreme Courts Three Factors." You should also look up Statutes dealing with " Intrapment " ," Warrantless Arrests," and " Warrant Requirement ". I hope some or all of this helps. GOD BLESS/GOOD LUCK!!

Answer 3

Its common practise for the police to do delivery stings like what you mentioned and they are usually followed up immediately with a search warrant on the receiving residence. The package can usually be intercepted by several means depending on what kind of package it is, dope, credit card fraud, etc etc. Once it's intercepted in transit, the package is searched with a search warrant, the contents seized, logged, replaced, and the package re-sealed and prepared for the delivery sting. Then, whoever receives the package is arrested. A search warrant is then conducted to determine if any other fruits of a crime are present.

As far as the Commonwealth of Virginia giving you a return when conducting a search like that, I don't know, I don't enforce Virginia Law. However the search that was conducted may have been a search by permission, and in such case, there wouldn't be a return. Sorry, but this is a simplified answer, but you provided an over simplified question. Best I can give you considering the info provided. But entrapment? No.

Answer 4

Entrapment is defined as putting the idea of violating the law into the mind of a person that would not have considered it. Example. Johnny finds a bag of dope and has every intention of turning it over to the police. an undercover cop see johnny pickup the dope and approaches him. Johny tells the person that he is on the way to turn it into the cops. The undercover says he wants to buy it from him and continues to tell him its worth alot and insists he sells it to him. Under pressure johnny sells it, and then is busted. this is pretty simple explanation but it shows elements in entrapment.

Answer 5

Sounds like you need the advise of a really good and clever attorney.

Answer 6

Try the links below...