Challenging Postal Inspector Searches that Violate the Fourth Amendment

The Fourth Amendment protects us from unreasonable searches and seizures by the government. But sometimes, postal inspectors can cross the line and violate our rights. If this happens to you, it’s important to know your options for challenging the search. This article will walk through some background on postal inspector searches, look at cases where courts found Fourth Amendment violations, and discuss ways you can fight back if your rights are violated.

What are postal inspector searches?

Postal inspectors are federal agents who investigate crimes related to the mail system. To aid their investigations, they have tools like mail covers and parcel searches.

A mail cover lets inspectors record information on the outside of your mail, like who it’s addressed to and where it came from. They don’t open or read your mail. Mail covers used to require a warrant, but now inspectors can start one just by requesting it from the post office.

In a parcel search, inspectors actually open and inspect parcels they think might contain contraband. For these searches, they usually need a warrant or reasonable suspicion of criminal activity. But sometimes inspectors bend the rules.

Court cases finding Fourth Amendment violations

There have been several court cases where judges ruled postal inspector searches went too far and violated the Fourth Amendment. Let’s look at a few examples.

Warrantless mail cover

In a 1978 case called United States v. Choate, the Ninth Circuit considered a mail cover used to track mailings between defendants in a drug conspiracy case^[1]. The defendants argued this violated their Fourth Amendment protection against unreasonable searches. But the court disagreed, finding a mail cover doesn’t reveal the contents of letters. So it’s not considered a “search” under the Fourth Amendment.

However, more recent cases have challenged warrantless mail covers. In 2022, activist René Yañez sued USPS officials for an illegal mail seizure^[2]. His lawyers argued the mail cover violated the Fourth Amendment because it wasn’t authorized by a warrant. The case is still ongoing, but shows there’s room to fight warrantless mail covers.

Exceeding scope of warrant

Another way searches can violate the Fourth Amendment is if inspectors exceed the scope of their warrant. For example, in a 2021 Florida case, inspectors had a warrant to search one package but ended up searching four^[3]. The court said this violated the Fourth Amendment because they exceeded their warrant’s scope.

No reasonable suspicion

Inspectors need reasonable suspicion of criminal activity to open parcels without a warrant. But sometimes they search without meeting this standard. In a 2022 Fifth Circuit case, an inspector opened a package just because it came from a “source” state for drugs^[4]. The court said general profiling like this doesn’t provide reasonable suspicion for a search.

How to challenge a Fourth Amendment violation

If you believe postal inspectors violated your Fourth Amendment rights, there are a few ways you can try to challenge the search:

• File a civil rights lawsuit against the postal inspectors seeking money damages. This is what the activist did in the mail cover case.
• Ask a court to suppress any evidence found during the illegal search under the “exclusionary rule.” This keeps illegally obtained evidence out of court.
• Complain directly to the USPS Postal Inspection Service. They have procedures for investigating civil rights and privacy violations.

It’s a good idea to consult a lawyer if you want to challenge a search. They can evaluate your case and pick the best legal strategy. The ACLU and other civil rights groups like the Institute for Justice may also be able to provide guidance.

Protecting your rights from invasive searches

Postal inspectors play an important role in stopping mail crimes. But sometimes in their zeal they can trample on privacy rights. If this happens, don’t be afraid to speak up and assert your Fourth Amendment protections. With the help of a lawyer, you may be able to get illegally seized evidence thrown out or receive financial compensation for violations of your rights.

[1] United States v. Choate, 576 F.2d 165 (9th Cir. 1978)

[2] https://ij.org/press-release/oakland-activist-sues-to-hold-postal-officers-accountable-for-illegal-search-and-seizure-of-his-mail/

[3] United States v. Suarez, CRIMINAL 21-20290-CR-Scola (S.D. Fla. 2021)

[4] United States v. Smith, 21 F.4th 272 (5th Cir. 2022)