Law enforcement officers can use mail covers to gather information on suspects with permission from the Postal Inspection Service. Only authorized postal employees can record information, and the request must be made in writing. Mail covers cannot be used as evidence, and interfering with mail is a federal crime. The use of mail covers does not violate the Fourth Amendment.
Law enforcement officers use a cover of the mail to gather information on suspects. They may receive special permission from the United States Postal Inspection Service to record information from the outside of sealed or unsealed mail. The use of this technique is strictly regulated by federal law. Only the Chief Postal Inspector or a designee of that person can authorize a cover of the mail. Any interference with mail by law enforcement or anyone else is a federal crime.
No one other than sanctioned law enforcement may request mail-in coverage. Postal employees are the only ones authorized to record the information, which can then be transmitted to the applicant. Investigators must make a written request to the postal control office. In an emergency, a local postal inspector can give verbal approval, or the office can do so pending receipt of a formal request within three days of the operation. The request does not authorize law enforcement agencies to seize or open mail without a federal search warrant or a legal exception to such a warrant.
Investigators applying for mail coverage must fill out certain forms. Application information includes, but is not limited to, the length of coverage, the reasons why it is being requested, the name and address of the individual, and how it will be used to develop evidence. Mail covers cannot be used as evidence, only to generate leads, and are not a routine investigative step. The United States Postal Service strongly discourages investigators from disclosing when they use this technique.
Interfering with mail is a federal crime, punishable by US law. In addition to authorized personnel, such as a secretary or mail clerk, anyone who opens another person’s mail or records information from another person can be subject to federal prosecution, fines, or even prison time. Postal workers can be accused of telling a person that their mail is being monitored under a federal law that prohibits the release of classified government information.
Some people have argued that the use of a mail cover violates a person’s Fourth Amendment rights against unreasonable searches and seizures. US courts have held that it does not, on the grounds that there is no reasonable expectation of privacy from utility or agency employees when they submit information through such entities. Along with pen logs, wiretaps, and other tactics, a mail cover is simply a tool employed by law enforcement agencies to supplement solid investigative work.
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