Cragle wrote:Xcaliber wrote:Cragle wrote:Also Is it not a federal offence to open mail without a warrant, I understand that there are certain circumstance when this is bypassed. Surely though it would have been quicker and easier for when it had been intercepted, which at this point only Z and the Postal worker would have touched it, gets hand cancelled (no need to physically touch) and then hand delivered to the SFC, thus meaning no laws broken. Minimal handling of the letter, and the quickest way of reading its contents.
Or am I wrong ?
Hard to see police operating that way when they're trying to apprehend a serial killer before he kills again.
Why ? They could have the letter opened within hours, perhaps minutes of it being intercepted. As opposed to going through the lengthy process of getting a search warrant ?
39 U.S. Code $404. Specific powers wrote:(c) The Postal Service shall maintain one or more classes of mail for the transmission of letters sealed against inspection. ... No letter of such a class of domestic origin shall be opened except under authority of a search warrant authorized by law, or by an officer or employee of the Postal Service for the sole purpose of determining an address at which the letter can be delivered, or pursuant to the authorization of the addressee.
All they had to do was phone up the
Chronicle - or whoever; depends which letter we're talking about - and say "We've got this letter that we believe was sent by the Zodiac addressed to you. Can we have your permission to open it?"
In any case, whatever the outcome, the primary concern would always be about protecting evidence. Once they had identified that a letter was pertinent to an ongoing capital offence investigation, the Post Office would have regarded it as evidence. They would not have postmarked it, even if they had taken it over to the recipient to seek permission to open. This would be tantamount, at this point, to 'tampering with evidence'. For all they know, the letter could have contained something that could be damaged by post-stamping it.
As for whether, even if it had to go this far, the post office would have held any such letter back waiting for a warrant - of course they would! Protection of evidence beats sending it to the
Chronicle for everyone and their mother to get their grubby mits on, even if this did incur a delay.