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W.D.Ark.: No REP in a package without defendant's name or alias on it

By John Wesley Hall, Jr.

Defendant had no reasonable expectation of privacy in a package in a controlled delivery anticipatory search case where the package was addressed to an alias that defendant did not use. The package came from a source city in the hands of FedEx, and it was subjected to a dog sniff en route. A warrant was issued when it arrived at the delivery city, and 1.3 lbs of cocaine was found inside. An anticipatory warrant was issued for the house for the controlled delivery. All the warrants were valid, and the good faith exception would apply anyway. United States v. Barker, 2010 U.S. Dist. LEXIS 113559 (W.D. Ark. October 14, 2010).* The officer here had ample reasonable suspicion for defendant’s stop based on a prior drug deal and surveillance...continue to full post

Full post as published by Fourth Amendment on October 28, 2010 (boomark / email).