Silk Road forums

Discussion => Shipping => Topic started by: PharmacyX on October 23, 2011, 03:17 pm

Title: Not all USPS services safe!!!!
Post by: PharmacyX on October 23, 2011, 03:17 pm
I was poking around the USPS website and found the following information that all US sellers should note.  This information can be found on USPS.com and the directions are there for you the verify the info.

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Can Postal Inspectors open mail?

First-Class Mail letters and parcels and Express Mail items 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 Mail letter, parcel or an Express Mail piece violate federal law, Postal Inspectors can obtain a search warrant to open the mailpiece.
Other classes of do not contain private correspondence, and therefore may be opened without a warrant.

http://faq.usps.com/   -> Search Mail Confiscation, at bottom of resulting page

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Now as a seller I plan to change from Priority Mail to First class with options for Priority and Express.  What is the general opinion on not offering a refund for using Priority Mail service.  I thought about maybe a 25% refund if confiscated but I would like some input from some other sellers and buyers.

What are you going to do?  It's seems as if First Class and Express are the safest way to go and shipping Priority, parcel post is dangerous.  Opinions?   :o
Title: Re: Not all USPS services safe!!!!
Post by: TheUsualSuspect on October 24, 2011, 09:45 am
I think you are misinterpreting. I didn't want to explore that link unprotected, so I may not have seen the same page as you but I did not see any reference to "search and seizure" anywhere on the page. Please provide a direct link to the article you are quoting.

Here is the quote and link that, if I interpret it correctly, means Priority, Express, and Parcel Post have the same legal protections as First Class mail:

http://pe.usps.com/text/dmm300/113.htm

"Matter Closed Against Postal Inspection
Matter closed against postal inspection includes First-Class Mail, Priority Mail, and Express Mail. The USPS may open mail other than First-Class Mail, Priority Mail, or Express Mail to determine whether the proper postage is paid. Material wrapped or packaged so that it cannot be examined easily or examined without destruction or serious damage is closed against postal inspection and is charged the appropriate First-Class Mail, Priority Mail or Express Mail price."

The one exception applies to opening an item, say marked Media mail, for instance. The PO thinks the sender is trying to get the discounted Media mail rate but is sending something other than printed and bound materials (a few other things qualify as media mail.) and opens it to see if in fact the item qualifies for that special rate.

I think from what I gather, no matter what service you use, except special services excluding flat rate packaging, no postal employee can open any piece of mail unless a violation is found (leaking fluid or evidence of contraband for example,) and even then it has to be forwarded to a postal inspector for further examination and a warrant obtained for the package to actually be opened and inspected.

So unless I am wrong, and please feel free to correct me anybody who has info to cite, FCM, Priority, and Express all have the same protections applied to them.

TUS
Title: Re: Not all USPS services safe!!!!
Post by: homerred on October 24, 2011, 10:23 am
You didn't want to visit the USPS faq from outside of tor? Paranoia paranoia...

If you go to that website though and look in the "Mail Delivery Problems/Questions" article there is a section at the bottom that says "Mail Confiscation"

That section says this:

" Mail Confiscation

Parents/Guardians confiscation of a minor’s mail

A minor's parent or guardian may control the delivery of mail addressed to the minor.
Can institutions open an inmate's mail?

Mail addressed to a prisoner is subject to the mail security standards out lined below:
Authorized personnel of prisons, jails or other correctional institutions under rules and regulations promulgated by the institution, may open, examine, and censor mail sent from or addressed to an inmate of the institution.
An inmate may designate in writing an agent outside the institution to receive his or her mail, either through an authorized address if the mail is so addressed, or at the Post Office serving the institution if the mail is addressed to the inmate at the institution.
You are encouraged to contact authorities at the institution about internal mail regulations or pursue applicable grievance procedures. You may also want to contact a representative of the American Civil Liberties Union (ACLU) about this issue at the following address:

ACLU National Prison Project
915 15th Street, ΝW
7th Floor
Washington, DC 20005

Can Postal Inspectors open mail?
First-Class Mail letters and parcels and Express Mail items 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 Mail letter, parcel or an Express Mail piece violate federal law, Postal Inspectors can obtain a search warrant to open the mailpiece. Other classes of do not contain private correspondence, and therefore may be opened without a warrant."

Exactly what PharmacyX quoted in the initial post. I don't think the wording of that section of the article allows for any misinterpretation though. Seems like only First-Class Mail and Express Mail parcels are the only parcels that require the inspectors to obtain a search warrant prior to opening the mail if they suspect something fishy.

 8)
Title: Re: Not all USPS services safe!!!!
Post by: F104 on October 24, 2011, 10:23 pm
Priority and Express are not "classes" of mail. They're premium or expedited 1st Class handling services, like add-ons. Whatever case law governs 1st Class mail also governs Priority and Express handling.