This will eventually lead to a court trial where the Customs department has to prove the seizure was lawful. Here, the burden of proof is on you to prove that the shipping package is duty paid and comply with other rules and regulations.
Based on that, U. Customs will eventually either grant release of the seized shipping package or reject the petition and decide not to release the packaged seized. If you have gone through a seizure process, you must learn from the ordeal and make sure that all your future cargo shipments are compliant with all the relevant laws and regulations based on the product being shipped,ahead of importing to the United States. Adhering to the applicable laws and regulations can diminish the chance of future seizure or detention of goods by Customs.
Cash and Currency. Law enforcement and police officers regularly seize money and other currency sent through shipment packages. The reason for sending cash through an insured parcel can be many; however, police will mostly stick to their convenient belief that it is secretly sent for or to assist criminal activity. Law enforcement forfeits cash and currency equivalent to millions and millions of dollars every year. It is best not to contact any authority to inquire about the shipment status if it already shows that it was seized by law enforcement.
Doing so will most likely result in an investigation or arrest as it is illegal to ship drugs through any federal or private carriers. For prescription drugs, you may contact a dedicated lawyer to discuss if you can file a claim to get it back. Firearms, Ammunition, and Explosives. Although all major shipping carriers, like FedEx, UPS, USPS has specific federal and state regulations that must be adhered to for shipping firearms, such packages are considered dangerous goods and sometimes seized to ensure a proper check.
When a package needs to be shipped or transported within the United States, it should be carried out either through the U. While the rules and regulations for what can be shipped are somewhat the same,it comes with some exceptions, like the private carriers like FedEx and UPS can ship ammunition, but it is not allowed by USPS.
USPS is a federal government agency that offers bulk mail and volume shipping services for small to large businesses. Being a federal government agency, it must obey federal guidelines. Also, being federal government employees, U. Also, U. Postal Service has its own special squad of postal inspectors and processes for checking packages.
The USPS workers partner with the state and local drug task forces to perform their drug parcel investigations. I will not make any statements until my attorney is here with me. After a bulk cash seizure from a FedEx or UPS package, contact Attorney Leslie Sammis who is experienced fighting civil asset forfeiture cases to get the money back. She often takes the civil asset forfeiture cases on a contingency fee basis which means you pay nothing until the money is returned.
The seizure of U. Law enforcement officers sometimes claim that money is shipped from states where marijuana is more expensive to states where marijuana is cheaper, while the marijuana itself goes the opposite direction. After the money is seized, the agency that seized the money must provide notice. The notice of seizure and intent to forfeit might be in the form of a personal letter or in the form of a notice published online.
Either way, the first step is getting ahold of the notice so that you know the deadlines involved in making a claim. In some cases, we can make the claim even before the notice arrives which might speed up the return of the property by weeks or months. In any forfeiture proceeding, the state or federal law enforcement agency will allege that the U. Currency came from an illegal source or was being used for an unlawful purpose.
The allegations of wrongdoing in these cases are often highly circumstantial. For instance, the law enforcement agency might claim that the money was involved in a drug scheme or money laundering based on one of the following factors:. Leslie Sammis has been fighting these cases for more than 10 years. She can help you decide how to respond after your property is seized from UPS or FedEx for seizure and a forfeiture proceeding. We can help you track down the notice of seizure, file a verified claim, and challenge an illegal search or seizure.
Instead of answering questions from the state or federal agent, contact an experienced civil asset forfeiture attorney to discuss the facts of the case including:.
The issue in these cases is whether the officer who intercepted the package had probable cause to think the package was related to drug trafficking or money laundering. The issue in these cases is whether the law enforcement officer unlawfully seized the package. To lawfully seize the package for investigative purposes, the law enforcement officer must have reasonable suspicion that the package contains contraband. Ohio , U. The officers will look to see who paid for the shipping fee and whether it was paid for with cash.
Officers also target packages that are shipped priority overnight with no signature required upon delivery. Sometimes employees at UPS or FedEx will secretly flag suspicious packages for law enforcement officers.
In some states, the officer might obtain a court order to transfer the money to a federal agency usually the Drug Enforcement Administrative DEA for adoption.
In federal cases, the agency that seized the cash must send personal notice of the seizure and intent to forfeit within 60 days. Unfortunately, using private services like UPS or FedEx allows the shipping service to open any package at their discretion. The United State Postal Service is different. Packages that go through first class shipping are in fact protected by your Fourth Amendment right.
In order to open the package, the USPS must first obtain a warrant to do so if they suspect narcotics inside. Unfortunately, obtaining a warrant is rather simple for them to do because packages containing narcotics can be suspicious in nature.
If the package is being shipped under fake names which USPS computers can easily discern , it attracts the attention of drug sniffing dogs, or has been shipped from a monitored, known drug shipping address, they are within their rights to get a warrant and open it.
If you have been arrested for receiving drugs in the mail, your first step should be to contact a lawyer. This is a complicated federal matter and you need someone who is skilled and knowledgeable enough to come to your defense.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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Our Blogs. Below is a further breakdown of various court opinions permitting police to seize packages: 1 The use of Express Mail. Search for:. Contact Us Now. Important Links. Contact Us. Law Firm of John P. Guidry II, P. All rights reserved.
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