46and2aheadofme
New member
I keep reading posts by people who seem to be under the impression that postal inspectors must obtain warrants to search USPS, UPS, and/or FedEx mail. This is simply FALSE. Way back in 1878, the Supreme Court, in Ex Parte Jackson, decided that we, as citizens, have the right to mail privacy under the fourth amendment. However, this interpretation of the constitution had little effect on the legislative branch of our government, which passed laws that slowly but surely eroded away any power that that decision had.
Domestic:
The only remaining class of mail that requires a warrant to open is USPS First Class mail, and postal inspectors can get such a warrant quickly for almost no reason whatsoever. The only reason that we have even this meager privacy is a remnant of old code mandating that the USPS retain one class of mail which cannot be opened without a warrant in order to protect private letters. Why do you think Priority Mail packages are nearly the same cost as First Class packages? So the Postal Inspectors don't have to even bother getting a warrant, although it's easy as pie to do so anyway. Think about it, so few people now use First Class for packages that it would raise instant suspicion, and the Inspector can just make up whatever wild-eyed reason for "suspicion" that they like to obtain the warrant. Private companies such as UPS and FedEx also reserve the right to inspect without a warrant in their contract with the sender.
International:
The Customs Service is empowered to search without a warrant all inbound international mail handled by the USPS, and packages and letters handled by private carriers (FedEx and UPS). This power supposedly derives from the traditional authority of the sovereign to protect its borders against inbound contraband, and to collect duties on inbound freight. The Customs Service is actually currently seeking to expand this authority to enable it to search outbound mail handled by the USPS without a warrant, any form of judicial supervision, and any evidence of crime. Even "reasonable suspicion" of crime would not have to be found. If this proposal becomes law, there would be no way for a person in the United States to send a private letter to a person outside the United States.
Moral: Forget it folks, there is NO right to privacy with regards to mail, whether international or domestic. Sorry to rant, just wanted to clear that up.
Regards,
46
Domestic:
The only remaining class of mail that requires a warrant to open is USPS First Class mail, and postal inspectors can get such a warrant quickly for almost no reason whatsoever. The only reason that we have even this meager privacy is a remnant of old code mandating that the USPS retain one class of mail which cannot be opened without a warrant in order to protect private letters. Why do you think Priority Mail packages are nearly the same cost as First Class packages? So the Postal Inspectors don't have to even bother getting a warrant, although it's easy as pie to do so anyway. Think about it, so few people now use First Class for packages that it would raise instant suspicion, and the Inspector can just make up whatever wild-eyed reason for "suspicion" that they like to obtain the warrant. Private companies such as UPS and FedEx also reserve the right to inspect without a warrant in their contract with the sender.
International:
The Customs Service is empowered to search without a warrant all inbound international mail handled by the USPS, and packages and letters handled by private carriers (FedEx and UPS). This power supposedly derives from the traditional authority of the sovereign to protect its borders against inbound contraband, and to collect duties on inbound freight. The Customs Service is actually currently seeking to expand this authority to enable it to search outbound mail handled by the USPS without a warrant, any form of judicial supervision, and any evidence of crime. Even "reasonable suspicion" of crime would not have to be found. If this proposal becomes law, there would be no way for a person in the United States to send a private letter to a person outside the United States.
Moral: Forget it folks, there is NO right to privacy with regards to mail, whether international or domestic. Sorry to rant, just wanted to clear that up.
Regards,
46
