CUSTOMS REQUESTS TO SEARCH MAIL FOR DRUGS

Privacy: The Agency Seeks OK From Congress, But The Postal Service
Says It Would Violate Constitution.

WASHINGTON - With drug traffickers becoming more savvy in the use of
the post office to smuggle drugs, the U.S. Customs Service is asking
Congress for permission to search mail leaving the United States.

The proposal, included in a crime bill in the House, has hit
opposition from the U.S. Postal Service, which believes such mail is
protected by the Fourth Amendment's provisions against unlawful
searches and seizures.

Lawmakers heard from both sides Friday at a hearing of a House
government-reform subcommittee.

"For over two centuries, the American public has had an expectation of
privacy in their mail," Kenneth Newman, the Postal Service's deputy
chief inspector for criminal investigations, in explaining the
agency's views.

The Supreme Court, Newman said, has stated that "when considering
Fourth Amendment protections against warrantless searches, mail is in
a special category of effects and is entitled to the same protection
accorded a person's home."

"This requires probable cause and a federal search warrant to seize
and open mail," Newman said.

Customs officials said the authority is needed to help curb an
increase in the use of mail as a way to smuggle drugs. Private
companies in the industry, such as United Parcel Service and Federal
Express, already allow customs to search outgoing U.S. mail, officials
said.

"Drug traffickers and money launderers are not stupid," said Betsy
Durant, director of trade operations for the U.S. Customs Service.
"They know we do not search outbound mail now."

Searching is not a problem in the private mail industry, Durant said.
"We have tighter controls over the express consignment industry," she
said. "The cooperation with the private carriers is quite good."