NCJ Number
46695
Date Published
1977
Length
27 pages
Annotation
DUE TO A CLIMATE OF CONCERN ABOUT THE POTENTIAL PRIVACY INTRUSIONS IN ANY MAIL-OPENING PROGRAM, AN INVESTIGATION OF MAIL-OPENING BY THE CUSTOMS SERVICE WAS MADE TO AID IN CONGRESSIONAL POLICY DECISIONS.
Abstract
IN 1977, THE U.S. SUPREME COURT DECIDED THAT EVIDENCE OBTAINED THROUGH A MAIL-OPENING BY THE U.S. CUSTOMS SERVICE WITHOUT A SEARCH WARRANT WAS ADMISSABLE AND THAT SUCH MAIL-OPENING BY CUSTOMS WAS BOTH LEGAL AND NOT UNCONSTITUTIONAL (IN UNITED STATES VERSUS RAMSEY). THESE OPENINGS ARE SUBJECT TO PUBLISHED REGULATIONS, AND ARE DEFENDED ON THE GROUNDS THAT THE NATION HAS A RIGHT TO DEFEND ITSELF AGAINST INCOMING MATERIALS. INVESTIGATION OF CUSTOMS SERVICE MAIL-OPENINGS PRODUCED THE FOLLOWING FINDINGS: THE LEGAL BASIS OF SUCH AUTHORITY IS UNCLEAR; THE PROHIBITION AGAINST READING ENCLOSED CORRESPONDENCE IS NOT UNIFORMLY INTERPRETED; FOR THE PAST 2 YEARS CORRESPONDENCE FOUND WITH CONTRABAND HAS BEEN TURNED OVER TO MILITARY INVESTIGATORS WITHOUT A WARRANT; MAIL IS IN SOME INSTANCES IMPROPERLY OPENED; RECORDKEEPING IS TOTALLY INADEQUATE; MAIL IS OFTEN SUBJECT TO LONG DELAYS; THE EFFECTIVENESS OF SUCH MAIL-OPENINGS IS UNDOCUMENTED; AND RESTRICTIONS ON WARRANTLESS SEIZURES BY CUSTOMS ARE NOT ADEQUATLEY OBSERVED BY SOME CUSTOMS EMPLOYEES AND BY SOME COOPERATING AGENCIES. ON THE BASIS OF THESE FINDINGS THE FOLLOWING SUGGESTIONS ARE MADE: THAT THE U.S. CONGRESS PASS LEGISLATION WHICH WILL PROVIDE EXPRESS AUTHORITY FOR SEALED MAIL-OPENINGS WITHOUT WARRANT BY CUSTOMS, THAT CONCRETE JUSTIFICATION FOR SUCH OPENINGS BE PROVIDED, THAT CLEAR RESTRICTIONS BE PLACED ON THIS AUTHORITY, AND THAT SANCTIONS BE ESTABLISHED FOR VIOLATIONS OF THE RESTRICTIONS. IT IS FURTHER SUGGESTED THAT WHILE WARRANTLESS OPENINGS OF PACKETS AND PACKAGES BE PERMITTED, THE OPENING OF LETTER-TYPE ITEMS MAILED AT LETTER-CLASS RATES SHOULD REQUIRE A WARRANT. NO AUTHORITY SHOULD BE GIVEN FOR THE UNWARRANTED READING OF CORRESPONDENCE, NOR SHOULD THE CUSTOMS SERVICE AUTHORITY TO OPEN MAIL WITHOUT A WARRANT BE DELEGABLE TO ANY OTHER AGENCY. ADDITIONAL RECOMMENDATIONS PERTAINING TO RECORDKEEPING, SUPERVISION, EMPLOYEE INSTRUCTION, AND THE NOTIFICATION OF THE ADDRESSEE OF AN OPENED ITEM ARE MADE. A POSSIBLE RECORDKEEPING AND SUPERVISORY ROLE FOR THE U.S. POSTAL SERVICE IS ALSO DISCUSSED. (JAP)