Expert: Philip Sweeting - 3/7/2004

Question
Hello!

Are police allowed to search your personal mail?

I have sued my city police department for misconduct and civil rights violations.  Now I feel that my telephone calls are being listened to and my mail checked.  My mailman practically said it in so many words.  The department is not actually doing the searching, but are using civilians to intercept my mail.  Is this illegal?  Yes, I can prove that this is actually happening.  Any advice?

Answer
If the police are using someone to search your mail illegally it is improper. Assuming it is postal employees doing the searching they would be considered agents of the police. If you sued them before, I suggest you contact your lawyer and sue them again.

Typically mail is searched for drugs. If this is the case there is nothing illegal with the police using a drug sniffing dog to "smell" your mail or "x-ray" as long as it is not opened.