Seizure Of Drugs And Search Warrants

 A recent ruling by a California appellate court (Second District, Division Six) recognizes important limits on police authority to seize and open packages sent by the post office, FedEx, UPS, or other delivery service.

People v. Robey concerns Kewhan Robey, who attempted to send a package through FedEx from Santa Maria to Illinois. A FedEx employee in Santa Maria noticed the odor of marijuana emanating from the package and called the police, per company policy. The officers, both of whom had extensive narcotics training, also identified the odor as marijuana and seized the package as evidence and took it to the police station. When the department's narcotics unit decided to not take up the matter, the officers continued with their own investigation and opened the package, revealing nearly one pound of marijuana.

Robey, who had used a false name on the packing slip, returned to the FedEx office a few days later to find out why the package had not reached its destination. He was subsequently arrested and charged with possession for sale and transportation. Robey filed a motion arguing that his Fourth Amendment rights against unreasonable search and seizure were violated when the police opened the package without a warrant. The trial court denied that motion.

The appellate court, however, agreed with Robey, saying that police should have obtained a search warrant before opening the package. The key to their ruling is that no exigent, or emergency, circumstances existed. Generally, police are required to obtain a warrant from the courts before conducting a search. Under certain emergency circumstances, though, the police may conduct a search without a warrant.https://askcompetentlawyer.com/drug-crimes/ For example, police are given greater latitude with warrantless searches of vehicles because the evidence contained in a vehicle could be driven off and disposed of if police are not able to engage in a search immediately, without having to wait for a warrant from a judge.

In Robey, the appellate court said that since the officers had the package in the police station, an emergency situation did not exist. The officers simply needed to go to a judge and request a search warrant based on their observation that the smell of marijuana was coming from the package. Because they did not do this, Robey's Fourth Amendment rights were violated, and therefore the marijuana cannot be admitted as evidence.

Again, this case identifies important restrictions on the power of police to conduct searches. Certain legitimate instances exist when police may search without first obtaining a warrant. But absent those exigencies, our Fourth Amendment rights are preserved through the important check requiring police to obtain a warrant from the judicial branch.