Silk Road forums

Discussion => Shipping => Topic started by: thebakertrio on May 19, 2013, 04:30 am

Title: USPS and warrants
Post by: thebakertrio on May 19, 2013, 04:30 am
A friend of mine brought up that only First class and Priority mail is covered under the 4th amendment and requires a warrant for them to be searched. Every other type be it flat rate or express does not require a warrant. Can anyone me fill me in if this is true or not? I did a Google search but was not able to find anything that clarified the distinction. usps flate rate boxes have the word "priority" in them so im even more so confused! Is he pulling my leg or does what he said hold some truth? The reasoning he gave me was anything not first class or priority mail is not considered a private correspondence and so the 4th is not applied.
Title: Re: USPS and warrants
Post by: thyme on May 19, 2013, 05:23 am
The search bar on the forum will actually bring up plenty of information. However, it won't do much *unless you search from the forum main page.*

Anyway, going to Startpage and entering the string [ usps first class mail warrant ] - for better results, try [ "inspection of contents" usps mail ] brought up:
https://postalinspectors.uspis.gov/contactUs/faq.aspx
"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 brief discussion on the always entertaining The Straight Dope re: the same topic.
http://boards.straightdope.com/sdmb/showthread.php?t=353334

The rationale for opening sub-First Class Mail (such as Book Rate, Media Mail) is to be able to inspect the contents to determine if they qualify for the reduced Media/whatever rate. "Matter closed against postal inspection includes First-Class Mail, Priority Mail (including Critical Mail), and Express Mail. The USPS may open mail other than First-Class Mail, Priority Mail (including Critical Mail), or Express Mail to determine whether the proper price is paid."
http://pe.usps.com/text/dmm300/dmm300_landing.htm
Search for [ "inspection of contents"  ]

Your friend is incorrect re: Express - it is protected as above. The issue with Express mail is package profile (although I question the validity of this profile at this point...) and visibility. [I wouldn't want it for shipping, personally, having watched a lot of mail come and go from my office building... none of it Express except for packages from law office/government agencies... but there are plenty of people on here who would and do.] 
However, yes, your friend is right and a warrant is not required for UPS/FedEx/DHL/Bob's Mail By Mule Service.

In other news, while snagging the links... since when does the USPS webpage link to EFF?
No, really!
https://about.usps.com/who-we-are/privacy-policy/consumer-resources.htm