Court allows UPS employee search evidence

[grey]

Besides the rarity of allowing as evidence the drugs a paid UPS employee informant found in a package they opened based on basic racial profiling (black dudes don't ship $90 packages apparently) the other big takeaway here is that the defendant couldn't actually challenge the submission of the evidence because they used an alias instead of their actual name.


From the article linked above:

"Sam Niel" does not exist, therefore Phillips Thompson cannot challenge the search. It's a form of disavowal and the courts will not let someone make two incompatible claims:

1. That's not my stuff.

2. The search of that stuff was unconstitutional.

Note that the use of an alias during a controlled delivery only did ONE THING: Made the guy unable to challenge evidence sent to that name.

 

[Eman]

Good article

 

[grey]

Good article

For TechDirt it was unusual in how clearly they laid out why this guy lost... Usually they are so used to writing for lawyers that the crux of each case is buried pretty deep.

 

[Millard]

Thanks @grey for this. I've been following the US DOJ's efforts to deputize UPS and FedEx as extensions of law enforcement in the war on drugs but I missed these most recent updates.

 

[Eman]

There is an AAS user at my gym that works for UPS... NOW I know why he was gunning for that job!

 

[master.on]

Always use an alias
Only morons would use their real names

 

[grey]

Always use an alias

So his use of an alias did nothing but hurt him here. Zero positive benefits. 1 major negative.

 

[Eman]

Always use an alias
Only morons would use their real names

I'm not sure if you understood the point of the article...

 

[master.on]

Using a fake name or alias MIGHT work but not guaranteed
Using your real name is guaranteed to fail

Just a game of chances

 

[Docd187123]

Using a fake name or alias MIGHT work but not guaranteed
Using your real name is guaranteed to fail

Just a game of chances

You really have no business speaking on such issues. You're so incredibly wrong half my beard just turned grey from reading this.

 

[Docd187123]

Oh the irony OP, oh the irony

 

[ickyrica]

Besides the rarity of allowing as evidence the drugs a paid UPS employee informant found in a package they opened based on basic racial profiling (black dudes don't ship $90 packages apparently) the other big takeaway here is that the defendant couldn't actually challenge the submission of the evidence because they used an alias instead of their actual name.


From the article linked above:




Note that the use of an alias during a controlled delivery only did ONE THING: Made the guy unable to challenge evidence sent to that name.

Good read. thx.

So have my grandmother mail all of my black market products from now on. Check.

 

[boxcar]

My question is why would using a fake name not a fail safe?
If a pack lands with the name "John hancock" to my addy and it's being watched and I say no idea, how is that a problem?

SL

 

[jaymaximus]

My question is why would using a fake name not a fail safe?
If a pack lands with the name "John hancock" to my addy and it's being watched and I say no idea, how is that a problem?

SL

Im guessing you didnt actually read the article (hows marvel doing here anyways?)
And to answer your question if a package comes to your house for John Hancock with illegal goods they can say theyre not searching boxcars stuff. Theyre searching for John Hancocks stuff. He has the same address. And if they come across some illegal goods owned by boxcar...well sucks to be you.
You can't deny the search. Theyre not searching you. Theyre searching John Hancock.

 

[Gramps]

But they're searching J's shit at YOUR house. There has to be some way of limiting this or the feds could mail shit to J every day at a different address and search house after house. And what if J was simply using your address hoping you weren't there? I get it, but it sounds like a loophole being abused.

 

[jaymaximus]

But they're searching J's shit at YOUR house. There has to be some way of limiting this or the feds could mail shit to J every day at a different address and search house after house. And what if J was simply using your address hoping you weren't there? I get it, but it sounds like a loophole being abused.

True. And when / if it goes to court it could blow up in their faces. Same as police pulling you over and finding weed in the car. If they falsly pull you over anything they find after is inadmissable.
But also remember that the majority of Americans who have nothing to hide wont raise a huge fuss about being searched.

 

[Docd187123]

My question is why would using a fake name not a fail safe?
If a pack lands with the name "John hancock" to my addy and it's being watched and I say no idea, how is that a problem?

SL

Bc it's in your possession. Bc you may have signed for it in which case it doesn't matter the name, it's your sig

 

[grey]

My question is why would using a fake name not a fail safe?

Because the courts are not credulous 5 year olds.

Now, had the guy refused to accept the package he would have had a defense.

 

[master.on]

You really have no business speaking on such issues. You're so incredibly wrong half my beard just turned grey from reading this.

So what do you suggest
Using your real name?

My question is why would using a fake name not a fail safe?
If a pack lands with the name "John hancock" to my addy and it's being watched and I say no idea, how is that a problem?

No problem unless you sign for it

SL

Bc it's in your possession. Bc you may have signed for it in which case it doesn't matter the name, it's your sig

Yep

 

[grey]

So what do you suggest
Using your real name?

If you are accepting the package I don't think it even matters.