United States v. Moss, No. 18-1793 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the judgment of the district court denying Defendant's motion to suppress approximately twenty pounds of methamphetamine that a postal inspector delivered in two United States Postal Service Priority Mail Express packages, as well as the fruits of the packages' search, holding that the warrant authorizing one package's search was valid and that the warrantless search of the other package was constitutional.
The district court assumed arguendo that Defendant held a reasonable expectation of privacy in the searched packages then concluded that neither search was unconstitutional. The First Circuit affirmed, holding (1) the warrant authorizing the search of one package was not facially invalid despite the government's attachment of the incorrect attachment because the error was a mere technical error and the package was described with sufficient particularity and there was no reasonable probability of another package being searched; and (2) the warrantless search of the second package was justified by both the private search doctrine and the consent of the package's addressee.