MAIL SURVEILLANCE
COPYRIGHT (C) 1991 BY FULL DISCLOSURE. ALL RIGHTS RESERVED.
In Full Disclosure #21 information was provided on "mail covers'' where information on the outside of mail is recorded and provided to law enforcement and/or intelligence agencies. That article prompted questions by readers about when the post office might actually open mail and examine its contents. This article will explore an actual case where mail was opened and overview the postal procedure for mail openings in drug related cases.
Full Disclosure was able to obtain copies of documents filed in the federal court in Chicago, Illinois on February 2, 1990 that provide the following description of the mail opening program:
"The Chicago Division of the U.S. Postal Inspection Service has implemented an Express Mail Profile program at the Air Mail Facility (AMF) at Chicago O'Hare International Airport This program consists of a physical profile of Express Mail parcels which have been mailed to or from locations within the Northern District of Illinois. Targets were cities and/or areas of the United States which have been identified by law enforcement as being source areas for the distribution of narcotics, and/or controlled substances.''
The package in this particular case had a return address in Evanston, Illinois, delivery address in Chicago (the same name on both), and a post mark in San Francisco. However, another case that was reviewed showed the return address and postmark to correspond. The physical appearance in both cases were rather generic (according to the descriptions offered in the court files)
W. Earnst Hills of the Postal Inspection Service in Chicago said in an interview that this program was not ongoing but rather goes into effect whenever they get information from other agencies that indicate a suspicious package is on the way. For example, if a DEA agent observes a suspected drug dealer mail a package, the description of that package would be passed on and packages fitting that description would be selected for further review.
Hills' description of the program was that the Postal Inspection service would receive a tip from another agency that a suspicious package was on the way. They would then be looking for it at the O'Hare Air Mail Facility.
"One of the things we look for is fictitious return addresses'' said Hills. He didn't think there was a problem with it taking too much time to do this type of checking.
After packages have been selected by their physical description, they are subjected to drug sniffing dogs or machines. The dog test consists of several similar packages being put in separate nylon sacks and if the dog bites and scratches at the nylon sack with the suspect parcel, a search warrant is sought.
Hills indicated that the mail is not significantly delayed. Since most mail arrives very early in the morning they have plenty of time to examine it prior to the necessary delivery time later in the day. He also said that they will get a magistrate up in the middle of the night to issue a search warrant.
Upon receipt of the search warrant, the package is opened and inspected for contraband. Hills said that normally, the package will then be sealed back up and delivered by a postal inspector who will arrest the recipient after they accept the package.
What if a warrant is issued and the package does not contain contraband? Hills was unsure, stating that as far as he knew they had a "100% success rate'' on finding contraband in parcels opened pursuant to a search warrant. However, he offered to find out what the procedure would be if the package didn't contain contraband.
Hills findings were that there has been "no incident like that in Chicago.'' However, when it has happened in other locations that have put a copy of the search warrant in the package and had it delivered normally. Hills cautioned, however that it wasn't necessary standard procedure to do that, only that it had been done in some cases.
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