Attacking the Controlled Delivery of Drugs
Talk to your lawyer about questioning all initial aspects of the case.The cops get notice from a common carrier, DHL, UPS, etc, that they have a suspicious package. The cops usually use a drug-dog (a trained police dog used to detect the odor of drugs) to sniff at the box. If the dog alerts, the cops get a search warrant for the box, open the box, and identify the drugs (usually by use of a chemical field-test kit). In discovery, ask your lawyer to demand a copy of the Carrier's guidelines used to identify the box as being suspicious. If a law enforcement agency was 'assigned' to the Carrier, ask the lawyer to get a copy of their SOP and guidelines for the identification of suspicious boxes. Ask your lawyer to get a copy of the search warrant used to open the box. Review all of the facts used by the cops with your lawyer, you will know them better than the lawyer; and, the lawyer will understand the legal aspects of the SOP, etc. Working with your lawyer, challenge all aspects of how the cops did these things.
Talk to your lawyer about filing Motions on the Actions of the Officers During the Controlled DeliveryOnce the cops know that the package actually contains drugs, they will attempt to deliver the package and arrest the person who accepts the package. With your lawyer, carefully review the facts stated in the police reports, as you will be able to point out inconsistencies that occurred before the lawyer got involved. What is supposed to occur based on standard police practice, may often conflict with a legally sufficient basis to support the police actions. Frequently, you, the person who got arrested, never opened the box. Talk to your lawyer about what actually occurred. Did you sign for the box? Did you ever actually hold or open the box? Knowing these discrepancies gives your lawyer a basis to challenge whether you could knowingly possess what was contained in the box. (Unless the cops can prove that you acknowledged what was in the box). Also discuss with your lawyer whether he can challenge any search of the premises if the box was not taken into the premises.