Re: Opening someone elses mail
Posted by Scott on 4/03/08
Dave I have a similiar issue. Can we work together on finding the
answer. I believe the correct answer is for your detailed problem
lies in US Code section 18 sub section 1702 and 1708. Just look
them up on google and it is clearly worded.
“In Vernars v. Young, the Third Circuit Court of Appeals stated
that
private individuals, in their place of work, "have a reasonable
expectation that their personal mail will not be opened and read by
unauthorized persons."
“Most states allow a citizen to bring an action in tort for breach
of
right to privacy. For example, in Vernars v. Young, 539 F.2d 966
(3rd
Cir. 1976) the Court held that an employee whose personal mail had
been opened and read by a fellow corporate officer had stated a
cause
of action for invasion of his privacy rights.”
In contrast to
the Federal statue mentioned above however it appears that a real-
life
scenario is quite different than the cut-and-dried law suggests;
that
being that an employer’s authority to open a package addressed to
his
employee depends (among other things perhaps) on the expectations
of
the employee, the balance of interests, and whether or not an
INTENTIONAL invasion of privacy or obstruction of delivery
occurred:
“The issue of whether this is lawful depends upon various facts.
Courts have generally recognized that opening an employee's mail
that
is clearly marked "personal" constitutes an invasion of privacy by
the
employer under state law.
On 1/12/05, Dave wrote:
> Shelly did you ever find an answer to this -- if so what was the
> result?
>
> Thanks
>
> On 8/03/04, Shelly Lamb wrote:
>> On 8/02/04, v wrote:
>>> On 8/02/04, Shelly Lamb wrote:
>>>> Is it a Federal Crime to open mail not addressed to you but
>> delivered to your address?
>>>
>>> Well ... if it was accidental. you just tape it back up, &
>> see it gets to the rightfull owner. Or yes, it is a crime.
>>
>> The person receiving the mail is an ex spouse and the mail was
>> labeled private as it was from a District Attorney. I need to
>> know where it is stated that it is a crime and also haow to
>> persue filing crimal charges. Help?? What are the penalties
> for
>> purposely opening someone elses mail?