39 C.F.R. § 233.1

Arrest and investigative powers of Postal Inspectors

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(a) Authorization. Postal Inspectors are authorized to perform the following functions in connection with their official duties:

(1) Serve warrants and subpoenas issued under the authority of the United States;

(2) Make arrests without warrant for offenses against the United States committed in their presence;

(3) Make arrests without warrant for felonies cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony;

(4) Carry firearms; and

(5) Make seizures of property as provided by law.

(b) Limitations. The powers granted by paragraph (a) of this section shall be exercised only—

(1) In the enforcement of laws regarding property in the custody of the Postal Service, property of the Postal Service, the use of the mails, and other postal offenses. With the exception of enforcing laws related to the mails:

(i) The Office of Inspector General will investigate all allegations of violations of postal laws or misconduct by postal employees, including mail theft; and

(ii) The Inspection Service will investigate all allegations of violations of postal laws or misconduct by all other persons.

(2) To the extent authorized by the Attorney General pursuant to agreement between the Attorney General and the Postal Service, in the enforcement of other laws of the United States, if the Attorney General determines that the violation of such laws will have a detrimental effect upon the operations of the Postal Service.

(c) Administrative subpoenas may be served by delivering a copy to a person or by mailing a copy to his or her last known address. For the purposes of this provision, delivery of a copy includes handing it to the party or leaving it at the party's office or residence with a person of suitable age and discretion employed or residing therein. Service by mail is complete upon mailing.

(d) In conducting any investigation, Postal Inspectors are authorized to accept, maintain custody of, and deliver mail.

[36 FR 4762, Mar. 12, 1971, as amended at 38 FR 19124, July 18, 1973. Redesignated at 46 FR 34330, July 1, 1981; 52 FR 12901, Apr. 20, 1987; 56 FR 55823, Oct. 30, 1991; 60 FR 5581, Jan. 30, 1995; 67 FR 16024, Apr. 4, 2002; 72 FR 39011, July 17, 2007]

Notes of Decisions

Cited in 15 cases (2 in the last 5 years), 1986–2022 · leading case: Santoni v. Postmaster Gen., 369 F.3d 594 (1st Cir. 2004).

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Santoni v. Postmaster Gen., 369 F.3d 594 (1st Cir. 2004). “§ 3061 (a); see also 39 C.F.R. § 233.1 (a). Postal inspectors are not authorized under federal law to execute a warrant or make an arrest for a state law offense.”

United States v. Stokes, 829 F.3d 47 (1st Cir. 2016). “Stokes also alleges violations of 39 C.F.R. § 233.1 (b), which imposes limitations on postal inspectors’ investigative powers, and 39 U.”

Michael J. Sutton & John Wiley Mitchell v. United States, 819 F.2d 1289 (5th Cir. 1987). “39 C.F.R. 233.1(a) (1986). The Postal Service may also authorize its employees to make searches for "mail matter" transported in violation of federal law, 39 U.”

Sears, Roebuck & Co. v. United States Postal Serv., 844 F.3d 260 (D.C. Cir. 2016). “” 39 C.F.R. § 233.1 (b)(1)(h). The Postal Inspector does not serve an adjudicative function.”

Moore, William G. v. United States, 213 F.3d 705 (D.C. Cir. 2000). “S.C. § 2680 (h). “ ‘[Investigative or law enforcement officer’ means any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law.”

Donald R. PATTERSON, Plaintiff-Appellant, v. UNITED STATES POSTAL Serv., Equal Emp. Opportunity Comm'n, Defendants-Appellees, 901 F.2d 927 (11th Cir. 1990). “39 C.F.R. § 233.1 . 4 . Pub.L. No. 93-350 amended 5 U.”

Weinraub v. United States, 927 F. Supp. 2d 258 (E.D.N.C. 2012). “These traditional investigative or law enforcement officers have broad search, seizure, and/or arrest powers that they may exercise in a variety of circumstances, which stands in stark contrast to the TSA screener’s power that is limited to preboarding searches for certain…”

Corbett v. Transp. Sec. Admin., 968 F. Supp. 2d 1171 (S.D. Fla. 2012). “) (postal inspectors — citing 39 C.F.R. § 233.1 (a), which confers broad power to arrest without a warrant).”

United States v. Johnlouis, 44 F.4th 331 (5th Cir. 2022). “However, neither party cites any authority discussing whether a person falls within the ambit of the Fourth Amendment merely by dint of their being a USPS employee.”

United States v. Gerett Jones, 13 F.3d 100 (4th Cir. 1993). “See 39 C.F.R. § 233.1 (1993). Jones contends that the statutory term “postal offenses” strictly limits the Postal Service’s investigatory authority to incidents occurring on postal property or involving use of the mails.”

Crow v. United States, 659 F. Supp. 556 (D. Kan. 1987). “We held in our Memorandum and Order of April 8, 1986, that because Postal Inspectors are authorized to serve warrants and make arrests {see 39 C.F.R. § 233.1 ), plaintiff’s malicious prosecution claim fell within the special proviso of subsection (h).”

Crow v. United States, 634 F. Supp. 1085 (D. Kan. 1986). “Because postal inspectors are authorized to serve warrants and make arrests, see 39 C.F.R. § 233.1 , plaintiff argues that his malicious prosecution and abuse of process claims are not barred under section 2680(h).”

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— 39 C.F.R. § 233.1(a) — 1 case

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