Summary
In North Carolina, a package with drugs addressed to someone can contribute to probable cause but doesnt guarantee it, especially if theres no evidence they accepted or knew about it. Agents can continue attempts to contact a person even if they have stated they wont speak without a lawyer, but the person is not obligated to engage. A seized package alone may not be enough for a search warrant; additional evidence is typically necessary. If you feel harassed or need more guidance, consulting a local attorney might be beneficial.Full Conversation
if a homeland security investigator/agent is attempting to make contact with someone by asking people around them , and that someone they are looking for goes ahead and send the agent an email stating that they do not talk to law enforcement without an attorney present , if that agent has seized a letter with drugs in it and it had the persons name and address on it, can that agent arrest them or are they just trying to do a "knock and talk" to try to get more incriminating information?
In situations like this, it's important to understand a few key points:
- Probable Cause: If an agent has evidence, like a letter with drugs, they might have probable cause for an arrest.
- Right to Remain Silent: You're entitled to refuse speaking without a lawyer.
- "Knock and Talk": This is a tactic to gather more information without a warrant.
Would you like to be connected with local lawyers who can provide more specific advice on this situation?
how is that probable cause if they didn't open it or accept the package , for all we know , someone else sent that package to either try to entrap then or to be able to not use their own name
In New York, probable cause requires a reasonable belief that a crime is being committed. If a package with drugs is addressed to someone, it could contribute to probable cause, but not necessarily guarantee it, especially if there's no evidence they accepted or knew about it. Would you like to connect with a lawyer for more detailed guidance?
in North Carolina not new york
Case Rating: *
In North Carolina, probable cause still requires a reasonable belief that a crime is being committed. The presence of drugs addressed to someone can contribute to probable cause, but it doesn't guarantee it, especially if there's no evidence they accepted or knew about it.
Would you like to connect with a lawyer for more detailed guidance?
So if an agent is attempting to contact that person to try and talk with them, if they send an email to the agent (because the agent left a number and email) that says they do not speak about matters without a lawyer , does the agent have to stop attempting to "knock and talk"?
Case Rating: *
In New York, an agent can continue attempts to contact a person, even if the person has stated they won't speak without a lawyer. However, the person is not obligated to respond or engage. If you feel harassed, it might be helpful to seek legal advice.
Would you like more information or assistance on this matter?
in North Carolina, not new York
Case Rating: *
In North Carolina, an agent can still attempt to contact someone even if they have stated they won't speak without a lawyer. However, the person is not obligated to engage. If you feel harassed, consulting a lawyer might be beneficial. Would you like to connect with local lawyers for more specific advice?
Ok, is the seized package by itself enough for a search warrant ?
Case Rating: *
In New York, a seized package alone may not be enough for a search warrant. A search warrant requires probable cause, which means a reasonable belief that evidence of a crime will be found. The package could contribute to probable cause, but additional evidence is typically necessary.