Oftentimes the triggering factor for a search warrant to be executed if the person signs for a package or brings it inside. What if the package is left outside, unopened, brought to the car, etc? Do specific things have to happen for the warrant to be executed and will doing other things like not opening the package prevent the execution of the warrants?
This is about obtaining substantial courtroom evidence.
The intent is to have the person willfully take possession of the object.
Once it has been situationally factual that the person has taken possession, the controlled delivery was a success. They do not intend on botching what will be a prosecutor's courtroom evidence.
I agree. Anyone can send stuff in the mail and simply taking delivery may not be enough for conviction but could result in arrest. Important considerations.
it depends what evidence they have other than the package addressed to your address in your name....if that is all they have, then taking possession of the package or signing for it will likely lead to police action. However, if they have evidence of other criminal wrongdoing on your part then refusal of the package doesn't necessarily mean they will not execute a warrant or attempt to use the package as evidence.
This is the answer. If they already know drugs are coming IDK how hard it would be for a judge to sign a warrant.They wouldnt even need a delivery to do it.
True, there could also be a difference for something happening the first time for small amounts and the absence of any other actvity compared to a pattern of distributoin and selling.
Possession of small amount, not distribution or resale. I guess that a warrent issued and implemented can take place but proper precautions can mean the difference between spending a night jail or a prison sentence. For example, finding nothing else on the premise and using proper opsec.
The intent is to have the person willfully take possession of the object.
Once it has been situationally factual that the person has taken possession, the controlled delivery was a success. They do not intend on botching what will be a prosecutor's courtroom evidence.