CUSTOMS WANTS TO SEARCH SOME MAIL FOR DRUGS

WASHINGTON -- With 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 plan, included in a House crime bill, is opposed by 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 yesterday at a hearing of a House
government reform panel.

"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, said in explaining the agency's
views.

The Supreme Court, Newman said, has stated, "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," he said.

Customs officials said the authority is necessary to help curb an increase

in the use of mail as a way to smuggle drugs. Private industry companies,
such as United Parcel Service and FedEx, already allow Customs to search
mail leaving the United States, authorities said.