Yes, the Government Can Inspect Your Mail Without a Warrant
The expectation of privacy when it comes to one’s mail is centuries old. For example. during his tenure as Postmaster General of the Colonies, Benjamin Franklin forbade individual postmasters from reading correspondence.
After the Colonies achieved independence, the Fourth Amendment to the Constitution was passed to guarantee protection against unreasonable search and seizure. While this would seem to be the end of the matter regarding whether the Post Office can open your mail, it’s not so simple these days.
Over the years, various exceptions have been carved out for this protection, meaning that there are now circumstances where the government can open your mail without a warrant. More often than not these cases are linked to concerns that drugs or other illegal contraband are being transported. The government may even justify rifling through your mail on the grounds of national security.
In this article, we’ll explain the privacy protections for mail, differences in how inspections are handled between the US Postal Service (USPS) and private carriers such as FedEx and UPS, and lawful reasons the government may cite to conduct a warrantless inspection.
Classes of Mail
First, it’s important to note that only first-class or priority mail requires a warrant for inspection (notwithstanding certain legal exceptions which we’ll get into shortly). Other classes of mail, by contrast, are not considered private, and so may be opened without any need for a warrant whatsoever. Per the US Postal Inspection Service website, non-private mail can be opened without a warrant.
If you believe your first-class mail was tampered with or are concerned about possible contraband charges, call a contraband lawyer in Tulsa to discuss your situation.
USPS vs Private Carriers
There are some differences between USPS and private carriers, both in what may be shipped, but more importantly regarding how your packages are handled. First, while most things can be shipped through either USPS or a private carrier, you cannot ship ammunition via the Post Office.
Aside from that, reports indicate private carriers have less respect for the privacy of your mail and are more likely to open packages. If they find the contents suspicious, they regularly notify authorities. Additionally, packages shipped by a private carrier that uses commercial passenger airlines to transport cargo may also be inspected by Transportation Security Administration officials.
On the other hand, the USPS, being a government body, has established procedures for inspecting packages. It also has a core of postal inspectors whose job it is to carry out drug parcel investigations, often in collaboration with law enforcement officials. These investigations require warrants, which are based on probable cause. The investigator has to state that they believe the package is connected to illegal activity.
This is not always anything elaborate: a drug dog that smells your package of incense and thinks its narcotics can be enough. Evincing nervousness or conspicuous interest in your package can also be construed by investigators as evidence of illegal activity.
But what about the situations where authorities can open your package without a warrant?
3 Reasons the Gov Can Open Mail Without a Warrant
There are three lawful reasons the government can use to conduct a warrantless inspection of your mail:
1: It Appears Dangerous
The Supreme Court has stated that the warrantless opening of private mail can be justified under “exigent circumstances.” This means that if there is reason to believe your package is dangerous (ex: leaking, vibrating, or making noise, etc), authorities may open the package in order to “preserve human life or avoid serious injury…” Mincey v. Arizona, 437 U.S. 385, 392 (1978)
2: Overseas Mail
Packages arriving from abroad may be subjected to warrantless inspection by US Customs and Border Protection agents, with some restrictions on reading the contents during inspections. Congress authorizes the warrantless inspection of mail received at the border, although some restrictions have been placed on reading correspondence. 19 U.S.C. ยง 1583(a)(I)
Mail sent from the US to another country can also be inspected by the authorities of that country. If those authorities have reason to believe the contents are connected to criminal activity, they may report their findings to their American counterparts.
The Federal Intelligence Surveillance Act (FISA) also authorizes the US Attorney General to conduct emergency physical searches, including packages or correspondence in transit to or from a foreign power’s agent.
3: FISA Investigations
The Federal Intelligence Surveillance Act (FISA) authorizes the US Attorney General to obtain a warrant from a FISA court, allowing him to conduct emergency physical searches of packages or correspondence in transit to or from an agent of a foreign power. Requests for FISA warrants are rarely refused.
Other Considerations
Keep in mind while there are some privacy protections regarding the contents of first-class mail, the government can easily monitor the outside of your mail. Known as the Mail Isolation and Tracking Program, the USPS has digitally photographed the outside of each mail circulating through its system since 2001. These images are then saved in computer databases located in over 200 different mail processing centers throughout the country. Any law enforcement body can access this data without a warrant, or even a subpoena.
In addition, authorities can go through your trash to find discarded mail. Items discarded away as trash are not considered private, and so have no protections whatsoever. Police often take discarded mail in the middle of the night in the hopes of finding evidence to help further an investigation.
Free Consultation With a Criminal Defense Attorney
In most cases, the government cannot open your domestic mail without a warrant, but there are several exceptions to this rule, and can certainly monitor who you’re corresponding to. If you have any questions about whether your mail was improperly searched or are concerned about contraband charges, contact a Criminal Defense Law Firm in Tulsa. Call the Tulsa Criminal Defense Law Firm at (918) 256-3400 or use the form at the top of this page to send your question.