A legal perspective on the Simpson/Collins situation

Since I have been practicing law for over 10 years and there are so many questions throughout the posts on cincyjungle, I thought I would provide some thoughts on what is happening, things that are questionable and things to expect.

1.  When the story says the police were tracking the package, this is slightly inaccurate.  Given that the shipment was intercepted and crossed state lines (ie...was in interstate commerce), the federal authorities would be the ones involved.  They may enlist the help of local authorities, but this would be a federally led investigation and the feds would have been at their house.

2.  This whole story of "they weren't arrested b/c the authorities are trying to figure out who has jurisdiction" is a load of crap.  One, see above.  Two, all local law enforcement agencies have jurisdictional boundaries to which they adhere.  Those boundaries are pretty well established.  The federal authorities would normally notify the locals who had jurisdiction over that area to assist.

3.  In my experience, 8.5lbs, 2.5lbs of which have travelled through interstate commerce, and paraphenalia used for distribution is typically going to result in an arrest.  The standard for an arrest is much less than the standard for prosecution.  Whether Simpson signed for the package or not, is not dispositive that he is or isn't a part of this.  It would be nice for the authorities to have his signature (if they believe he is involved) but it won't break the case that he didn't sign for it.  This was, not only a house that he owned, but his legal residence.  He lives there, which will be a problem for him whether or not he was actually involved.  I believe there must be some apprehension on the part of the authorities regarding his involvement or they would have arrested him, IMO.

4.  Simpson permitting a search of his home without a search warrant.  Would they have gotten a search warrant?  Most likely yes, and they would have secured the house while they waited for it; however, I would never have allowed him to voluntarily permit the search.  Verbal permission is much harder to fight on "illegal search" grounds than a search warrant is.  Its quite possible he is that stupid.  I'm currently a prosecutor and have seen criminals do things well beyond the point of this on the stupid meter.  With that being said, I would be surprised if someone who is distributing marijuana from their home, voluntarily allows a search of that home.

5.  Could the lack of arrest be b/c the authorities are after the supplier.  I highly doubt it.  Are they after the supplier?  Yes.  Would they not arrest them b/c they are trying to get them to flip?  No.  Keep in mind, these are two professional athletes in Cincy, with one being a starter.  The people in this neighborhood know who lives there and the authorities being at the house after a package was received would make the national media whether there was an arrest or not.  As soon as it hits the media, the supplier is aware he/she may have been compromised.  There is no benefit to holding off on the arrest when it comes to nailing the supplier.  If this was Joe Bob down the street, then maybe b/c it wouldn't get the media attention.  In this situation, an arrest is more likely to make the individuals sweat and be open for a deal.  IMO, this has absolutely nothing to do with these guys turning on the supplier.

6.  Are the authorities after the supplier?  Yes.  Given that the feds intercepted this package so early in the delivery process tells me they have their eye on a specific person/location.  Is it possible it was simply a random screen?  Yes, but I would venture to guess that this is more likely the result of looking into a particular area/person/persons who they believe to be distributing marijuana illegally.  With California being the origin of this package it is quite possible that this is a crackdown on the local area due to the medical marijuana issue.

7.  I would expect you'll see more in the next week.  Depending on the authorities primarily involved, they will generate a report within the next 3-10 days.  This initial report will provide a lot more details.  That is when the picture will start to develop as to who was at the home and what exactly was found.  The authorities should also begin to get the prosecutor(s) involved and you probably will not see an arrest until the prosecutor has given a thumbs up b/c an arrest at this point would be with an eye toward prosecution.  I would also expect any arrest of Simpson/Collins to take some time.  The positive, from the prosecution side, is that they are both professional athletes who are relatively easy to find.  As such you don't have to rush into an arrest.  You can take your time to develop the case.

I think I hit everything being said/questioned/speculated on in the 3 posts.  If anyone has any other questions, I will do my best to try and answer those.

This is a FanPost and does not necessarily reflect the views of Cincy Jungle's writers or editors. It does reflect the views of this particular fan though, which is as important as the views of Cincy Jungle's writers or editors.

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