Can US Postal Service Open Mail?

[warsager]

Does anyone know the law regarding what the US Postal Service can or can not open? Are they allowed to go through your mail before they deliver it?

Does anyone know of any links to this law?

I tried to find it on google but had no luck.

Thanks to anyone who can offer information.

[Mythsaje]

1. From what I was told by a postal employee

is that only a Postal Inspector is legally allowed to open suspect mail.

[Erika]

2. Yes, postal inspectors can open mail with reasonable suspicion

However, they must have a warrant to do so.

[Viva_La_Revolution]

3. Homeland security however...

probably doesn't bother with that pesky little warrant thingy.

[Mnemosyne]

9. They don't. n/t

[warsager]

4. What is reasonable suspicion?

Who determines? Are you certain they need a warrent? I would really like to find a link this this law, thanks for your replies.

[Erika]

12. My Co-worker's son was involved in the anthrax case

for about two years. He is a postal inspector and coordinated with both the CIA and FBI. If the crime is thru the mail, the postal inspector must be involved. Same with drugs by mail.

Yes, they must get a warrant to open letters and packages. They cannot act until the court approves the warrant.

Postal inspectors are federal law enforcement agents. When they fly, on duty or vacation, they serve as a supplement to the air Marshall's. They carry guns and are trained in the necessary procedures. Naturally, they would not wait to get a warrant on an issue such as airline safety if a terrorist took action.

Hope this helps.

[niyad]

5. how has the mis-named "patriot act" changed this?

[linazelle]

6. Bush is trying to get rights to open mail based on this link

http://www.deccanherald.com/deccanherald/may222005/foreign1741222005521.asp

NEW YORK, REUTERS:

The new legislation will authorise FBI to demand business records in the process of intelligence gathering without judicial or grand jury approval.

A Bush administration proposal would grant the FBI authority to track the mail of people in terrorism investigations, The New York Times reported on Saturday.

Citing government officials who spoke on Friday, the newspaper reported that the proposal, to be considered next week in a closed-door Senate Intelligence Committee meeting, would allow the FBI to direct postal officials to turn in names, addresses and other material on the outside of letters sent to or from people connected to intelligence probes.

But the Postal Service is raising privacy concerns about the plan to carry out such operations, called Mail Covers, the Times said.


According to a draft of the bill obtained by the Times, the plan would effectively eliminate postal inspectors’ discretion in deciding when mail covers are needed, giving sole authority to the FBI, if it decides that the material is “relevant to an authorised investigation to obtain foreign intelligence.” The proposal would not allow the FBI to open mail or review its contents, however. According to the officials who spoke to the Times, that would require a search warrant.

The proposal is part of a larger package that strengthens the FBI’s authority to demand business records in intelligence gathering without judicial or grand jury approval, the Times said.

A postal official called the move a “major step.” Zoe Strickland, chief privacy officer for the Postal Service, told the Times that “from a privacy perspective, you want to make sure that the right balance is struck between protecting people’s mail and aiding law enforcement.”

The Times quoted Strickland as saying that the new proposal “removes discretion from the Postal Inspection Service as to how the mail covers are implemented,” and that she “worries quite a bit” about it.

[Warpy]

7. They sure open mine

and I'm on every leftwing sucker list out there, so they spend a great deal of time opening funding appeals to make sure I'm not doing anything subversive.

Dolts.

Meanwhile, they're so paranoid about patriotic Democrats that they're completely ignoring the very real threat to this country, armed right wing fringe groups.

[linazelle]

8. I don't believe that. nt

[converted_democrat]

36. Well then you'd be wrong.. I wrote about it back in Aug. here on DU

before we even knew they were spying.. It's still happening.. I belong to a Friends peace group, and everything that has been sent to me by them or any other Democratic institution has been opened, along with much of the rest of my mail.. It started right after I joined the peace group.. I'll go look for the link for you.. I wrote about it in Aug. and it's never stopped.

[converted_democrat]

37. Here is the link when I wrote about it.. It's never stopped since then..

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=4435866

I wrote about it again a couple of weeks ago, here's that link too.

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=364&topic_id=172637

[LiberalFighter]

43. You could do what I did... LOL

I subscribed to Bush campaign to receive their email crap. Just a few weeks ago I finally got regular mail that I was hoping to get.

It was addressed the way I entered it into their system.

It was my real name and "Hates Bush".

[Kali]

10. can't resist

Meanwhile, they're so paranoid about patriotic Democrats that they're completely ignoring the very real threat to this country, armed right wing vice presidents...

hahahhaha

[Mnemosyne]

11. Mine too. 2004. Screw anyone that doesn't believe it.

I know what happened, I know what I saw and what I have in my possession.

Clear wide postal tape over basically undisturbed flaps. I have yet to find anyone else that receives mail like that. It went on for about two months. Eight to ten pieces.

I cannot prove who did it. But if anyone other than DHS or USPS did it why would it end up in my mail? Unless my mailman was weird. It is possible.

What happened to you Warpy?

[warsager]

16. How do you know they went thru

your mail? I recently had my mail opened, contents removed, and sent to the person it was addressed to emptied and with little cuts in it.

[Mnemosyne]

34. It was coming with

the flaps taped shut with wide clear postal tape. The flaps seemed to be fairly undisturbed. It appeared to be random items, personal, activist mail and a couple bills. It was the strangest thing.

I admit it may have been angry local mailmen. I had previously complained about the slovenly practices of our local office while at my previous address to the main office 40 miles away, so I doubt that they would have dared touch my mail at my new address after being reamed out by the main office supervisors. They had actually changed my address and sent important papers back as *return to sender- address unknown* creating major problems for me. I do not know why, unless someone hated my bumper stickers and the impeach* sign in my yard.

I still have a couple of pieces in a zip-lock bag. I had considered having them fingerprinted to find out who was doing it, just didn't know what to do about it. I already am bit of a pariah here for my vocal political beliefs. It is a small town, less than 7500. So I just let it go.

Did the recipient get a note from the PO? I have received other mail that has been damaged and in a plastic bag.

So much for the privatization of the USPS.

I don't know what to think anymore warsager.:hi:

In peace and hope,
V

[warsager]

35. wow

Sorry only resoponding now. Well, I know I am just a naive American, but this stuff is really shocking. I really thought we lived in a 'free country'.

[Mnemosyne]

40. I thought so too warsager.

We actually were much freer until idiot son took control with PNAC. :grr:

They cannot win.


BTW - I love your sig smilie! :rofl:

[ISUGRADIA]

14. It could be a weirdo local carrier

You could report it to the US Postal Inspector Service. I've read stories of them catching carriers who steal/open and take from mail.

http://www.usps.com/postalinspectors/fraud/ContactUs.htm

[converted_democrat]

38. Me too.. I wrote about it here on DU in Aug. when it first started

happening.. It hasn't stopped.. It's still happening. Here's the link where I wrote about it in Aug. before we even knew the spying stuff was happening.

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=4435866

on edit- I wrote about it again a couple weeks ago here's that link.
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=364&topic_id=172637

[ISUGRADIA]

13. Here's a link and the requirement for warrants

http://www.usps.com/postalinspectors/faq-is.htm

4. Can Postal Inspectors open mail if they feel it may contain something illegal?
First-Class letters and parcels are protected against search and seizure under the Fourth Amendment to the Constitution, and, as such, cannot be opened without a search warrant. If there is probable cause to believe the contents of a First-Class letter or parcel violate federal law, Postal Inspectors can obtain a search warrant to open the mailpiece. Other classes of mail do not contain private correspondence, and therefore may be opened without a warrant.

and a general link on postal inspector duties

http://www.usps.com/postalinspectors/

[DefenseLawyer]

15. First-Class letters and parcels

are protected against search and seizure under the Fourth Amendment to the Constitution, and, as such, cannot be opened without a search warrant. If there is probable cause (not merely reasonable suspicion) to believe the contents of a First-Class letter or parcel violate federal law, Postal Inspectors can obtain a search warrant to open the mailpiece. Other classes of mail do not contain private correspondence, and therefore may be opened without a warrant. Generally private carriers, such as UPS or FedEx reserve the right to open any package they handle.

[BuyingThyme]

17. Media mail packages are regularly opened.

They can open any mail sent at the media rate, on either end. They check to see if it really qualifies as media. They do this A LOT.

[warsager]

18. is this legal? n/t

[BuyingThyme]

19. Yes, if you look for it, you will even see a sign stating as much

at your full-service post office.

Did you have an issue with media mail specifically?

[warsager]

20. no

I'm talking about a personal letter sent to someone. So you're saying that the post office has the right to open 'media mail'? Like CD's you buy or netflix?

[BuyingThyme]

21. Yes, if items are mailed at the media mail rate, the package

can be opened and inspected.

Here's a description of media mail:

http://www.usps.com/send/waystosendmail/senditwithintheus/mediamail.htm

[NVMojo]

22. I know several people in my town that have recently received mail

that had been opened and retaped. Stamped with some federal notation about security.

[BuyingThyme]

24. If this is really happening, I wish people would scan or photograph

the items and post them here.

[warsager]

25. This is really happening

And I don't think it's legal.

[kayice]

27. With Homeland Security tape?

That happened to a former professor of Kansas University.....Homeland Security claims they didn't read his letter only looked at the contents... :wtf:

[BuyingThyme]

23. More on media mail:

Media Mail

Items eligible for mailing at Media Mail rates are restricted to those listed in DMM E713.1. A recent DMM revision allows sound recordings to contain incidental announcements of other sound recordings and guides or scripts prepared solely for use with such recordings. Note that video recordings are classified as a type of sound recording. Computer-readable CD-ROMs are eligible for Media Mail rates while game cartridges are not eligible.

Books sent as Media Mail may contain no advertising other than incidental announcements of other books. As a reminder, catalogs and publications authorized for Periodicals rates are not considered to be books and therefore are not eligible at Media Mail rates.

Mailers should note that the Postal Service may open and inspect Media Mail packages to ensure the contents qualify for Media Mail rates.

http://www.usps.com/mailerscompanion/apr2004/mc0404art6_print.htm

[Cleita]

26. Post Office legally cannot open mail, but Homeland Security can.

I know the FBI has been able to in the past as well. The Post Office can't stop them if the have the right paper work and they can't tell you either that the snoops have been in your mail.

[LiberalAndProud]

28. Homeland Security cannot legally open mail without a warrant.

But I would bet they do it anyway. This administration is CORRUPT.

[Cleita]

29. I did say something about the proper paper work.

I don't know if the Postmasters would allow any random riffling of mail without a warrant, but you never know if they intimidate them somehow.

[LiberalAndProud]

30. I'm with the NSA and I'm opening this mail by order of the President

would probably work. Do you think?

[Cleita]

31. There is some wording in the Homeland Security Act

that gives these agencies pretty sweeping powers to do this. I remember reading about it, but it's a little too late at night right now for me to go searching for what I read. I do think that these powers should be revoked.

I guess Congress extended the HSA for another month in the middle of the night when no one was looking. * wants it to be renewed for many more years. I hope he doesn't get his way. I think it's time to end the HSA and replace it with something less gestapo-like.

[LiberalAndProud]

32. The Homeland Security Act needs to be tested in court.

Amendment IV - Search and seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

It doesn't say "except during wartime". Warrantless searches are fundamentally illegal.

[DiverDave]

33. If they suspect there is CASH in it.

It just disappears.

I'm still waiting for the BDay card my mom sent to my son for his 6th bday...he's 8 now.
Funny how BILLS make it, but cash sorta never does...

[Sparkly]

39. Law or no law, in answering questions about warantless domestic spying,

Gonzales refused to state that they are NOT opening mail sent within the US.

[warsager]

41. are there more people

that have been effected by this?

This REALLY bothers me!!

[warsager]

42. In case anyone was interested...

I was at my local post office today. I asked the postal clerk if they are allowed to go through personal mail. He said, postal clerks can only open 'media mail'. Then he said that the postal inspectors can open anything that they suspect contains something illegal and they don't have to get a warrant or notify anyone at all. He said something like, it's 'their' mail, and they can go through anything they want, if they think it's illegal. (I'm paraphrasing). I asked him if that had always been the case,and he said, yeah.

He was very casual and un-phased by it, although he did seem a little surprised at first that I was asking.

I half wanted to jump onto the counter and turn around at the long line of people and scream, "Did YOU HEAR WHAT HE JUST SAID?? He said they can open your personal mail whenever they want if they 'think' its illegal!! DO ANY OF YOU CARE??!!"

But then I wondered if this is a right I never had and always just assumed I had? Is it true what he said?

So instead I reluctantly handed him my package and walked out, quietly hoping it will get to where its going unopened. It's just a birthday gift, but if someone notices it's suspicious squareness, well....fugedabodit

[Solon]

44. Actually, I wonder about that, I ordered a Coldheat soldering tool...

about 2 weeks ago, and have yet to recieve it, I recieved other things ordered through the internet in a matter of days, but I wonder of a soldering iron is considered a "hot" item(pun intended).