Terms
Contraband
Contraband is defined as any material item or good that is unlawfully:
- Possessed
- Produced
- Concealed
- Transported (including import and export)
- Bought
- Sold
- Rented
- Otherwise Transferred or Distributed
There are many things that are considered contraband in the United States. Contraband laws cover everything from international organized crime to an individual’s possession of contraband on his/her person or property.
Large-Scale Contraband Crimes
Larger-scale contraband crimes can include:
- Product Piracy
- Cargo Crime
- Smuggling
- Counterfeiting
- Hijacking
- Tax Evasion
Product Piracy
Product piracy involves the creation or distribution of contraband products; a contraband crime, which costs American, companies $200 billion dollars every year.
Cargo crime and smuggling are crimes related to the importation, exportation, or other transfer of contraband goods between nations or other areas.
Counterfeiting
Counterfeiting is the crime of producing fraudulent money or other documents which are lawfully contraband.
Hijacking
Hijacking is the crime of coming into possession or control of something unlawfully.
Tax Evasion
Tax evasion is the crime of fraudulently evading the payment of customs or other taxes on goods (thereby making those goods contraband). Contraband goods often involved in tax evasion crimes can include rare stones and cigarettes.
Contraband can be goods that are expressly outlawed (such as controlled substances, weapons, obscene materials) or may be goods that are made contraband because of the illegal nature of their use or transfer or the circumstances of the person in possession of these items.
The Federal government considers possession or other unlawful handling of contraband to be a felony crime. Federal law states that those found smuggling or in possession of contraband will face fines and/or a minimum of five years of incarceration.
State laws also regulate the possession and transfer of contraband. Contraband crimes are considered serious offenses that are typically charges as felonies, though this is determined by state and case specific circumstances.
Laws and Contraband Items
The Fourth Amendment protects every US citizen against unlawful search and seizure of contraband. This means that law enforcement must handle all matters related to contraband in good faith and, in some cases, must obtain a search warrant in order to search a person of place for contraband goods.
The laws regarding search and seizure are complex. In general, an officer can legally confiscate contraband if it is in plain view or in a public place. An officer can lawfully search you and your vehicle if they have reasonable suspicion that you are in possession of contraband, or if they fear their safety and the safety of others. In most cases an officer must secure a search warrant to search a person’s private domicile for contraband or evidence of a crime.
Contact a Criminal Defense Attorney
If you are interested in learning more about the laws relating to contraband, please contact us to speak to a qualified and experienced defense attorney who can assess your case to determine how best to protect and maximize your legal interests.
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