When most people think of contraband, their minds automatically move to drugs and guns, which are the two most common types of contraband. However, for the purpose of U.S. law, contraband is any illegal substance that is manufactured, possessed, sold, rented, distributed or otherwise made available to or by citizens.
There are two basic types of contraband: that which is always illegal (absolute contraband), and that which is illegal only in certain circumstances (conditional contraband). For example, cocaine is always illegal, no matter who is in possession of it. A handgun, however, is not contraband if it is legitimately purchased and properly registered. It becomes contraband if it is purchased illegally or if the owner carries it concealed without a permit.
Possession of contraband, if found by law enforcement, is a serious crime in the United States. Under federal law, anyone caught in possession of contraband faces a minimum of 5 years in prison as well as substantial fines. Most states charge possession of contraband as a felony, though it sometimes depends on the circumstances.
Contraband possession, smuggling and manufacturing can happen on many different levels. For example, the possession of an ounce of marijuana is on a much smaller scale than the international export or import of illegally obtained machine guns. Tax evasion is also considered a crime of contraband, as the goods purchased without the payment of appropriate taxes are considered as such.
There are many different ways to be caught with contraband, none of which are pleasant. In some cases, contraband is found because it is in plain view of a police officer. Although law enforcement officers must obtain a warrant before searching your home, they can seize contraband that can be seen from the road or that is clearly visible through the window of a vehicle. Federal agents also discover and seize contraband when investigating white collar crimes or narcotics cases. Law enforcement officers have a right to search any premises if they have probable cause that contraband is located in the dwelling or if they fear for their own safety or that of others around them.
Because criminal court proceedings involving contraband are usually fairly open-and-shut, contraband is one of the only crimes where the prosecution wins on a regular basis. Since law enforcement professionals have seized the contraband in question, the evidence has been collected and all that has to be proven is that the defendant knew it existed.
Unfortunately, it is also possible to be prosecuted for a crime of contraband even if you aren’t aware that you were in possession of it. For example, if you borrow your friend’s car and don’t know that they have a gun hidden under the seat, you can be charged with possession of contraband if you are pulled over and the vehicle searched. It is important to be careful when taking possession over something that belongs to somebody else. It is equally important to be advised on the laws concerning contraband so that you never break them.
