Notice of seizure of Package

TheKBizzle

I got a letter today from customs saying a package containing cannabis was seized belonging to me from my old address which I have not lived in for 18 months. This was nothing to do with me as I don't use drugs at all.

I was going over to collect a letter belonging to me from my GP and this notice letter was there also.

What should I do now? Should I ring customs and explain that someone obviously used my name at that address to order this.

I don't want my name flagged up or anything over this so any help or advice would be appreciated.

Thanks

FreudianSlippers

Ring customs and try to work it out, alternatively you will likely need a solicitor.

Sacksian

TheKBizzle wrote: »

I got a letter today from customs saying a package containing cannabis was seized belonging to me from my old address which I have not lived in for 18 months. This was nothing to do with me as I don't use drugs at all.

I was going over to collect a letter belonging to me from my GP and this notice letter was there also.

What should I do now? Should I ring customs and explain that someone obviously used my name at that address to order this.

I don't want my name flagged up or anything over this so any help or advice would be appreciated.

Thanks

Ignore it and better luck next time!

coylemj

Get yourself removed from the register of electors at the old address and tell your GP to update his address book!

BrianD

Sounds a bit odd! Would they not have attempted to deliver the package and lift who ever answered the door?

Do you know the current tenants?

mcgarrett

What do you think you have done wrong? You haven't been in possession and how can you control what's posted to you?

ldxo15wus6fpgm

BrianD wrote: »

Sounds a bit odd! Would they not have attempted to deliver the package and lift who ever answered the door?

Gave me a chuckle That's entrapment. It's like a Garda walking up to you in the street, handing you some cocaine and then arresting you for possession.

source

Anderson Loose Trap wrote: »

BrianD wrote: »

Sounds a bit odd! Would they not have attempted to deliver the package and lift who ever answered the door?

Gave me a chuckle That's entrapment. It's like a Garda walking up to you in the street, handing you some cocaine and then arresting you for possession.

Not if it's in a box addressed to you and sent through the post. It's called a controlled delivery, and happens quite often with packages that come in that are stopped by customs.

ldxo15wus6fpgm

source wrote: »

Not if it's in a box addressed to you and sent through the post. It's called a controlled delivery, and happens quite often with packages that come in that are stopped by customs.

So a customs officer shows up at my door, hands me a package, I have no knowledge of it's contents but he can cuff me. Pretty sure that's entrapment.

http://www.irishstatutebook.ie/2008/en/act/pub/0007/print.html#sec90

CJ Mutual Assistance Act 2008 s.90(3) wrote:

The Competent Authority in the State may grant the request if satisfied that—

(a) the controlled delivery is being made for the purposes of an investigation into an offence, or

(b) there are reasonable grounds for believing that it is in the public interest, having regard to the benefit likely to accrue to the investigation, to permit the delivery to take place.

So it's only allowed where it's in furtherance of an investigation into an offence that has taken place. I don't think the public interest part would apply here as he's no drug dealer.

source

Anderson Loose Trap wrote: »

source wrote: »

Not if it's in a box addressed to you and sent through the post. It's called a controlled delivery, and happens quite often with packages that come in that are stopped by customs.

So a customs officer shows up at my door, hands me a package, I have no knowledge of it's contents but he can cuff me. Pretty sure that's entrapment.

It's entrapment if the package originated from the customs officer, in this instance the customs officer has intercepted post already destined for the op, entrapment is trying to induce someone to break the law, having a package of drugs shipped to your address is already breaking the law, as such the controlled delivery is not entrapment.

This is something that regularly happens in both this and other jurisdictions, if it was entrapment, then it would have been contested in court and the practice would no longer be utilised.

ldxo15wus6fpgm

source wrote: »

It's entrapment if the package originated from the customs officer, in this instance the customs officer has intercepted post already destined for the op, entrapment is trying to induce someone to break the law, having a package of drugs shipped to your address is already breaking the law, as such the controlled delivery is not entrapment.

This is something that regularly happens in both this and other jurisdictions, if it was entrapment, then it would have been contested in court and the practice would no longer be utilised.

But I have no control over what other people post to me. I don't know what's in the box the customs officer is handing me. It is inducing a breach of the law by handing me the box. I'm not actively or passively looking to gain possession of drugs, I'm taking a box that's being handed to me.

If having a package of drugs sent to you is against the law I could get anyone I wanted a conviction by merely sending off some drugs, that's ridiculous. If that was the case it would have happened all over the country.

source

Anderson Loose Trap wrote: »

source wrote: »

It's entrapment if the package originated from the customs officer, in this instance the customs officer has intercepted post already destined for the op, entrapment is trying to induce someone to break the law, having a package of drugs shipped to your address is already breaking the law, as such the controlled delivery is not entrapment.

This is something that regularly happens in both this and other jurisdictions, if it was entrapment, then it would have been contested in court and the practice would no longer be utilised.

But I have no control over what other people post to me. I don't know what's in the box the customs officer is handing me. It is inducing a breach of the law by handing me the box. I'm not actively or passively looking to gain possession of drugs, I'm taking a box that's being handed to me.

If having a package of drugs sent to you is against the law I could get anyone I wanted a conviction by merely sending off some drugs, that's ridiculous. If that was the case it would have happened all over the country.

Law enforcement operate these things called investigations, through investigating the offence properly they find out the truth of what has happened.

Controlled deliveries are used to correctly identify a suspect and detain that person for questioning.

For example: customs identify a package as containing drugs. It is addressed to johnny murphy, 1 main street, any town Ireland. An investigation must take place the type of investigation depends on the type of drugs and the quantity.

In some cases it is decided that johnny murphy needs to be questioned in relation to the suspected importation of illegal narcotics into the state.

A controlled delivery is conducted in order to correctly identify the suspect, the suspect is then detained for questioning, and a file is prepared.

This is an investigation into a serious offence (the importation of illegal substances), it is not entrapment.

ldxo15wus6fpgm

source wrote: »

For example: customs identify a package as containing drugs. It is addressed to johnny murphy, 1 main street, any town Ireland. An investigation must take place the type of investigation depends on the type of drugs and the quantity.

In some cases it is decided that johnny murphy needs to be questioned in relation to the suspected importation of illegal narcotics into the state.

A controlled delivery is conducted in order to correctly identify the suspect, the suspect is then detained for questioning, and a file is prepared.

This is an investigation into a serious offence (the importation of illegal substances), it is not entrapment.

Ah, so there is no charge of possession brought against him then. That's what my issue was. In my first post I referred to a charge of possession - I think that's where the confusion has come from. Of course questioning him is fair enough! When I said entrapment I meant on possession charges for being in possession of a controlled substance there at the doorstep.

Zambia

Lets say you did receive a delivery of a bag of coffee.

You don't know the sender.

You open the coffee and voila you are staring at a life changing kilo of White powder(its Cocaine).

What would you do?

McCrack

Round up all my good friends and have one big party

Then hand the rest over to the authorities

ldxo15wus6fpgm

I'd get out of the house asap. Odds are with a large amount someone unpleasant is going to show up to collect. I'd probably head for the nearest barracks.

Also, I wouldn't say 1kg would be life changing, according to the ever reliable indo it's about €20 per gram in Ireland, so around €40,000 for a kg. That's a car and a nice holiday but I wouldn't call it life changing!

seamus

source wrote: »

A controlled delivery is conducted in order to correctly identify the suspect, the suspect is then detained for questioning, and a file is prepared.

That's fine, but you don't actually need to deliver drugs to them. You can give them an empty box with their name and address on it if the purpose is to identify them.

The point is that you can't give someone a box of drugs and then arrest them for it. It doesn't matter if the box was already addressed to them as it's a fairly common setup for people to have illegal items addressed to former residents and then claim ignorance when the package arrives.

So while the person could very much be arrested and questioned on suspicion of various drugs offences, simply receiving the package would not be sufficient (initially) to charge them with possession.

There would even be difficulties if you delivered it and then waited before arresting them.
Any normal person may wait a short period of time (24 hours or more) before reporting the package and in court they could claim that they were waiting to see if their housemate owned the package, or they didn't have time to go to the Gardai and were going to do it the next day. Lame excuses, but fairly valid IMO to get out of a possession charge.

I also know that people who do this routinely leave the package unopened and will arrange to distribute it in a fairly short period of time. So unless the Gardai manage to raid them in that window, there's little that can be done.

If the OP is fairly happy that his affairs are in order, I wouldn't be above going to the Gardai himself to report that someone is attempting to receive drugs at his old address under his name.

Solair

If I were you I'd talk to a solicitor and, with their advise, call into the Gardai.
It sounds like ID theft!

source

seamus wrote: »

That's fine, but you don't actually need to deliver drugs to them. You can give them an empty box with their name and address on it if the purpose is to identify them.

The point is that you can't give someone a box of drugs and then arrest them for it. It doesn't matter if the box was already addressed to them as it's a fairly common setup for people to have illegal items addressed to former residents and then claim ignorance when the package arrives.

So while the person could very much be arrested and questioned on suspicion of various drugs offences, simply receiving the package would not be sufficient (initially) to charge them with possession.

There would even be difficulties if you delivered it and then waited before arresting them.
Any normal person may wait a short period of time (24 hours or more) before reporting the package and in court they could claim that they were waiting to see if their housemate owned the package, or they didn't have time to go to the Gardai and were going to do it the next day. Lame excuses, but fairly valid IMO to get out of a possession charge.

I also know that people who do this routinely leave the package unopened and will arrange to distribute it in a fairly short period of time. So unless the Gardai manage to raid them in that window, there's little that can be done.

If the OP is fairly happy that his affairs are in order, I wouldn't be above going to the Gardai himself to report that someone is attempting to receive drugs at his old address under his name.

What is everyones obsession with possession????

The offence in this instance is the unlawful import/export of controlled drugs,in contravention of Regulation 4(1)(c) Misuse of Drugs Regulations 1988, contrary to Section 21(2) and Section 27 of the Misuse of Drugs Act 1977, as amended by Section 6 of the Misuse of Drugs Act, 1984.

EDIT:

Irish Statute Book

4. (1) Subject to the provisions of these Regulations a person shall not—


(a) produce a controlled drug,


(b) supply or offer to supply a controlled drug, or


(c) import or export a controlled drug.


(2) (a) Sub-article (1) (c) shall not apply to any drug specified in Schedule 4 or 5.


(b) Sub-article (1) (b) shall not apply to poppy straw.

Solair

If the facts are as you stated, then you should go to the Gardaí and have yourself ruled out of any investigation!

They should be trying to figure out who has been using your name and address.

seamus

source wrote: »

What is everyones obsession with possession????

The offence in this instance is the unlawful import/export of controlled drugs,in contravention of Regulation 4(1)(c) Misuse of Drugs Regulations 1988, contrary to Section 21(2) and Section 27 of the Misuse of Drugs Act 1977, as amended by Section 6 of the Misuse of Drugs Act, 1984.

The same argument applies though. Receiving something in the post does not equate to importing it unless it can be proven that you intended to receive it (or upon recieving it, you did not declare it).

source

seamus wrote: »

The same argument applies though. Receiving something in the post does not equate to importing it unless it can be proven that you intended to receive it (or upon recieving it, you did not declare it).

No it doesn't, the person is arrested on suspicion of importing the drugs illegally and an investigation is conducted. How else can the persons intentions be proved, unless he is questioned in relation to the offence?

In this kind of scenario the person, has a controlled delivery conducted on him, he identifies himself as the person the package is being delivered to, he is then arrested and detained under Section 2 Drugs Trafficking Act and questioned on his involvement in the alleged importation of a controlled drug.

Depending on the outcome of the investigation the person will either be charged for the offence or if it can be proved he is innocent of importing the drugs illegally he will be released without charge.

Sacksian

source wrote: »

No it doesn't, the person is arrested on suspicion of importing the drugs illegally and an investigation is conducted. How else can the persons intentions be proved, unless he is questioned in relation to the offence?

In this kind of scenario the person, has a controlled delivery conducted on him, he identifies himself as the person the package is being delivered to, he is then arrested and detained under Section 2 Drugs Trafficking Act and questioned on his involvement in the alleged importation of a controlled drug.

Depending on the outcome of the investigation the person will either be charged for the offence or if it can be proved he is innocent of importing the drugs illegally he will be released without charge.

Now try doing that for every person who has been to Amsterdam and sent 1-10g of cannabis back to their own address.

I'm pretty sure customs and drug squad can think of better uses of their scarce resources.

source

Sacksian wrote: »

Now try doing that for every person who has been to Amsterdam and sent 1-10g of cannabis back to their own address.

I'm pretty sure customs and drug squad can think of better uses of their scarce resources.

I've already addressed that point, underlined and highlighted below (most important part in bold):

source wrote: »

Law enforcement operate these things called investigations, through investigating the offence properly they find out the truth of what has happened.

Controlled deliveries are used to correctly identify a suspect and detain that person for questioning.

For example: customs identify a package as containing drugs. It is addressed to johnny murphy, 1 main street, any town Ireland. An investigation must take place the type of investigation depends on the type of drugs and the quantity.

In some cases it is decided that johnny murphy needs to be questioned in relation to the suspected importation of illegal narcotics into the state.

A controlled delivery is conducted in order to correctly identify the suspect, the suspect is then detained for questioning, and a file is prepared.

This is an investigation into a serious offence (the importation of illegal substances), it is not entrapment.

As per the op, when the amount is as small as you're saying, a seizure notice is sent to the person. Which means the person doesn't get their drugs, and will know that the authorities are watching what's going through the mail, hopefully acting as a deterrent for future attempts.

giant_midget

Zambia wrote: »

Lets say you did receive a delivery of a bag of coffee.

You don't know the sender.

You open the coffee and voila you are staring at a life changing kilo of White powder(its Cocaine).

What would you do?

Turn the radio up, roll up my sleves, pour the "coffee" out on the coffee table and get the oul bank card out and have a good night

Zambia

Anderson Loose Trap wrote: »

I wouldn't call it life changing!

Are you posting from prison Now? Otherwise it could be . . . It would be reasonable to assume a law abiding person would call the police and give it to them. If you did not and as midget suggested bury your face in it. Well its hard to dispute possession. Plus its not entrapment unless the police initiate the package. All they are doing is not stopping it.

the_syco

It sounds like they used the name of a past tenant so that the person who the drugs were for didn't get caught.

Eg: Sam was in Amsterdam, and wanted to send a small package to Larry, and sent it to Larrys house with "Bob" written on the package. If it got through Larry would get free drugs, but if the package was stopped by police, then "Bob" would be the one that will be questioned.

In this case, "Bob" is the OP, i think.