3 ms·

Is a state legally allowed to search and seize private post if something is against state law that isn’t against federal law? Or is that one reason the postal s

Is a state legally allowed to search and seize private post if something is against state law that isn’t against federal law? Or is that one reason the postal service is federal?

ksherlock 5y ago
It's federal because the Constitution says so (see Section 8; Powers of Congress). Items sent via USPS can be seized with a warrant. Items sent by other carriers do not need a warrant, just a suspicion.
- KiranRao0 5y ago
  Does this apply to other non-federal carriers (UPS/Fedex)?
  - olliej 5y ago
    The warrant requirement only applies to USPS. UPS, etc only need suspicion to provide parcels to law enforcement
- CoastalCoder 5y ago
  I'm curious though if states in which purchase/use is illegal (by state law) can successfully have the sellers extradited for trial and/or seize their in-state assets.
  - deleted 5y ago
    [deleted]
- Bud 5y ago
  Except the Constitution doesn't say so. Not anymore. Not with the current 6 right-wing votes on SCOTUS. From here on out, the Constitution says whatever Judicial Watch and the Federalist Society say that it says.
kabdib 5y ago
Local authorities can get a warrant. They can also open packages deemed suspicious, without a warrant. I'd expect packages from out-of-state pharmacies would be deemed "suspicious" and searched. And there's always the handy "exigent circumstances" (translation: We can do anything we want anyway). I guess the good news is: It's unlikely there are dogs trained to sniff out this specific medication.
- paxys 5y ago
  I imagine these pharmacies will use inconspicuous packaging when shipping to states that are known to be problematic. Short of opening and checking every single piece of mail, I doubt there’s much they can do.
  - tablespoon 5y ago
    > Short of opening and checking every single piece of mail, I doubt there’s much they can do. They can't do something like x-raying them? I'd imagine that would be relatively easy (e.g. bubble pack with X pills, of a certain size, a certain distance apart), to the point where it could probably be automated.
    - tomjen3 5y ago
      That will probably be considered a search.
lsiebert 5y ago
With a warrant, probably? That's not why the postal service is federal though. Establishing a postal system is a power given to congress in the U.S. Constitution. "To establish Post Offices and post Roads;" Actually having a postal system run by the government was something that predates the U.S. constitution.

Is a state legally allowed to search and seize private post if something is against state law that isn’t against federal law? Or is that one reason the postal service is federal?

ksherlock 5y ago

It's federal because the Constitution says so (see Section 8; Powers of Congress). Items sent via USPS can be seized with a warrant. Items sent by other carriers do not need a warrant, just a suspicion.

KiranRao0 5y ago
Does this apply to other non-federal carriers (UPS/Fedex)?
- olliej 5y ago
  The warrant requirement only applies to USPS. UPS, etc only need suspicion to provide parcels to law enforcement
CoastalCoder 5y ago
I'm curious though if states in which purchase/use is illegal (by state law) can successfully have the sellers extradited for trial and/or seize their in-state assets.
- deleted 5y ago
  [deleted]
Bud 5y ago
Except the Constitution doesn't say so. Not anymore. Not with the current 6 right-wing votes on SCOTUS. From here on out, the Constitution says whatever Judicial Watch and the Federalist Society say that it says.

kabdib 5y ago

Local authorities can get a warrant. They can also open packages deemed suspicious, without a warrant. I'd expect packages from out-of-state pharmacies would be deemed "suspicious" and searched. And there's always the handy "exigent circumstances" (translation: We can do anything we want anyway). I guess the good news is: It's unlikely there are dogs trained to sniff out this specific medication.

paxys 5y ago
I imagine these pharmacies will use inconspicuous packaging when shipping to states that are known to be problematic. Short of opening and checking every single piece of mail, I doubt there’s much they can do.
- tablespoon 5y ago
  > Short of opening and checking every single piece of mail, I doubt there’s much they can do. They can't do something like x-raying them? I'd imagine that would be relatively easy (e.g. bubble pack with X pills, of a certain size, a certain distance apart), to the point where it could probably be automated.
  - tomjen3 5y ago
    That will probably be considered a search.

lsiebert 5y ago

With a warrant, probably? That's not why the postal service is federal though. Establishing a postal system is a power given to congress in the U.S. Constitution. "To establish Post Offices and post Roads;" Actually having a postal system run by the government was something that predates the U.S. constitution.