I'm not sure what you mean by that. (I'm not sure if you are writing as a lawyer, or as a member of the general public.) I remember attending a trial in the late 1980s in which a UPS driver testified that he discovered an illegal drug shipment because he thought the shipment looked funny and he opened up the package. Further testimony at that trial disclosed what we should all know if we read the fine print of our contracts with common carriers like UPS or FedEx: the carrier has the right to open any package for any reason or no reason at all (in the interest of the safety of the carrier's employees, safety both from actual physical danger and safety from legal liability). The person who delivers packages to your door through the service of one of those companies can do a lot by way of inspecting those packages before delivering them to you, unless something very radical has changed about those contracts in the years since I heard that trial. (Does anyone here on HN have a full standard form contract of carriage from FedEx to post here for us to check the current wording?)
AFTER EDIT: Of course I found this myself with a very easy Google search. FedEx's standard terms and conditions include:
"9. Right to inspect. FedEx may inspect the shipment at any time and may permit government authorities to carry out such inspections as they may consider appropriate. FedEx, in addition, may reject or suspend the carriage of any prohibited items or one that contains materials that damage or may damage other shipments or that may constitute a risk to FedEx equipment or employees or to those of its service providers."
FedEx may have the right to open a package, but do they have the obligation?
I think the government's stronger case is that FedEx maintained a special credit policy specifically for online drug pharmacies who were at risk of being shut down by the DEA.
One important question that I don't know the answer to: Are any online pharmacies legal in the US? If they're unilaterally illegal in the US, and FedEx had a special credit policy for online drug pharmacies, then it would seem to be straightforward to prove they were knowingly shipping controlled substances. If some online pharmacies are legal, and FedEx was maintaining special relationships with online pharmacies, then was FedEx required to verify that those weren't conducting illegal activity?
I don't like that the government is forcing its citizens who are running private businesses to be concerned with whether their business is being used as an accessory by drug dealers. The government should go after the source: the dealers. But in this case, FedEx was making a lot of money (enough to noticeably affect revenue) by knowingly acting as a conduit.
Shipping prescription drugs via mail is legal in the US, though it obviously isnt legal to sell them without a prescription. Not sure how the law applies if the pharmacy is in a foreign country, or if the drugs are scheduled, though.
And, in case anyone missed it, there are things that are OTC here in Canada that are Schedule III in the US. My personal favourite is what is variously called AC&C or 222, a tablet containing 375mg ASA, 15mg caffeine and 8mg codeine phosphate — perhaps the best safe combination for occasional migraine-type headaches. (You need to register and sign for them in Quebec, a measure that's intended to prevent bulk purchases, but you're on your own say-so elsewhere; you merely need to ask at the pharmacy counter and they'll give you the safety drill if you're a first-timer.) Useful damned things to have around if you're susceptible. But totally illegal to have without a scrip in the States.
Sure, they can open a suspicious package. And for the situation at hand, they'll find medication available at most pharmacies - the problem isn't that the contents are illegal (they're not per se), it's that the shipper is guilty only of paperwork violations!
So yeah, FedEx is exonerated in this case because they're in no position to evaluate the legality of the contents as that is determined, not by simple possession, but by materials (regulatory filings) which they are absolutely not privy to.
I'm not sure what you mean by that. (I'm not sure if you are writing as a lawyer, or as a member of the general public.) I remember attending a trial in the late 1980s in which a UPS driver testified that he discovered an illegal drug shipment because he thought the shipment looked funny and he opened up the package. Further testimony at that trial disclosed what we should all know if we read the fine print of our contracts with common carriers like UPS or FedEx: the carrier has the right to open any package for any reason or no reason at all (in the interest of the safety of the carrier's employees, safety both from actual physical danger and safety from legal liability). The person who delivers packages to your door through the service of one of those companies can do a lot by way of inspecting those packages before delivering them to you, unless something very radical has changed about those contracts in the years since I heard that trial. (Does anyone here on HN have a full standard form contract of carriage from FedEx to post here for us to check the current wording?)
AFTER EDIT: Of course I found this myself with a very easy Google search. FedEx's standard terms and conditions include:
"9. Right to inspect. FedEx may inspect the shipment at any time and may permit government authorities to carry out such inspections as they may consider appropriate. FedEx, in addition, may reject or suspend the carriage of any prohibited items or one that contains materials that damage or may damage other shipments or that may constitute a risk to FedEx equipment or employees or to those of its service providers."
http://www.fedex.com/mx_english/services/nacional_terms.html