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Proving Knowledge Of The Package In A Drug Trafficking Mail Order Case


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People v. Jones, 2014 IL App (3d) 121016 (November). Episode 031 (Duration 10:34).







Drug trafficking evidence has shifted to more liberal interpretation of suspicious behavior around drugs delivered through the mail.







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The State charged defendant with unlawful cannabis trafficking (720 ILCS 550/5.1(a)) and unlawful possession of cannabis with intent to deliver (720 ILCS 550/5(f).)



Facts



FedEx security specialist noted this package was –



* Shipped from southern state* Paid for by cash* No signature was required* Phone number for shipper and receiver was the same* All the seams taped



They notified the police. Police brought in the sniff dogs. After the dog alerted, a warrant was obtained, and the package was opened.



Class X amount of cannabis was inside. A tracking device was placed in the package. It was delivered by agents.



The package was left by the front door after no one answered. A female retrieved it. 13 minutes later a Defendant arrived at the residence. Defendant is then driven away from the home.



The car is then stopped by police. Defendant was in the passenger’s seat holding the closed package.



Defendant denied knowing what was in the package and stated he thought it was some shoes that he had ordered.







Charges



Defendant was charged under Illinois Compiled Statutes Section 5.1 of the Cannabis Control Act (Act) for cannabis trafficking which provides that



“any person who knowingly brings or causes to be brought into this State *** with the intent to manufacture or deliver 2,500 grams or more of cannabis in this State or any other state or country is guilty of cannabis trafficking.”



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