If a package is left unattended on your porch for an extended period, the temptation for some to peek inside may arise.
But can authorities in North Carolina lawfully open a package delivered to your residence?
Unauthorized access to someone else’s mail is a criminal offense protected by the Constitution. Anyone found guilty, including law enforcement, can be sentenced to up to five years in federal prison.
As stated by the United States Postal Inspection Service, “letters and parcels” are safeguarded against search and seizure under the Fourth Amendment and therefore, cannot be opened without a warrant.
However, law enforcement can open your mail if they obtain a warrant and believe its contents violate federal law, according to the USPIS. But evidence obtained through an illegal search without a warrant generally cannot be used in court.
What Items Are Prohibited from Being Shipped by Mail?
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Air bags
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Ammunition
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Explosives
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Gasoline
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Liquid mercury
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Marijuana
While certain items like live animals, cremated remains, and perfumes are permissible to be sent by mail, there are specific rules that must be followed according to the USPS.
Understanding the Search Warrant
Police can search your mail with a warrant, an order signed by a judge that grants them permission to search a designated location for specific items related to a criminal investigation, according to LegalMatch.
To obtain a search warrant, an officer must demonstrate the existence of probable cause. For a search warrant regarding mail, probable cause must be shown, and the warrant must be granted by a judge or magistrate.
When Is a Search Warrant Not Required?
According to LegalMatch, police may be able to open mail without a warrant in the following situations:
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A suspect is fleeing the police.
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There is a risk that evidence may be lost.
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The evidence is visible to law enforcement.
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Consent is given by the person being searched or the property owner.
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The search is associated with a valid arrest.
