Legal Question in Criminal Law in Louisiana

Recently had a package opened by an authorized fedex retailer(it was just money). The company that I paid to ship the package is a private company. My question is at what time does that company lose responsibility for the package and fedex assumes responsibility. I know fedex can open any suspicious package without a warrant. Is the package suspicious because I shipped and I'm black or because its a box? The private company opened the package(they have no signs at their business saying your mail will be subject to search) and proceeded to report me to the FBI. Now they are trying to basically paint me as some type of kingpin.


Asked on 6/05/14, 2:33 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Without more information, I can't say why -- or if -- the package was suspicious. You presume it must have been either because of your race (an illegitimate basis) or because it was a box (no basis at all), but there could be many other reasons. If you behaved suspiciously when you dropped it off, for instance, you might have raised suspicions about its contents.

The reason they opened the box might not even be that it was suspicious. It might have been sealed improperly or suffered some kind of damage. There could be other explanations.

You ask whether FedEx is legally responsible for a package they have not yet picked up but that's in the possession of an authorized retailer. That probably depends on the contract between them. But remember that there is also a contract between the retailer and you. (It isn't necessarily a formal written agreement that you signed, though it could be.) It might give them more rights to open your package than you realize, though I would need to know more before I could say whether a court would enforce those terms.

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Answered on 6/05/14, 2:58 pm


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