U.S. Code » Title 18 » Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 203— ARREST AND COMMITMENT

18 U.S.C. § 3061

Investigative powers of Postal Service personnel

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(a) Subject to subsection (b) of this section, Postal Inspectors and other agents of the United States Postal Service designated by the Board of Governors to investigate criminal matters related to the Postal Service and the mails may—(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) The powers granted by subsection (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; and(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 violations of such laws have a detrimental effect upon the operations of the Postal Service.(c)(1) The Postal Service may employ police officers for duty in connection with the protection of property owned or occupied by the Postal Service or under the charge and control of the Postal Service, and persons on that property, including duty in areas outside the property to the extent necessary to protect the property and persons on the property.(2) With respect to such property, such officers shall have the power to—(A) enforce Federal laws and regulations for the protection of persons and property;(B) carry firearms; and(C) make arrests without a warrant for any offense against the Unites 11 So in original. Probably should be “United”. States committed in the presence of the officer or for any felony cognizable under the laws of the United States if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony.(3) With respect to such property, such officers may have, to such extent as the Postal Service may by regulations prescribe, the power to—(A) serve warrants and subpoenas issued under the authority of the United States; and(B) conduct investigations, on and off the property in question, of offenses that may have been committed against property owned or occupied by the Postal Service or persons on the property.(4)(A) As to such property, the Postmaster General may prescribe regulations necessary for the protection and administration of property owned or occupied by the Postal Service and persons on the property. The regulations may include reasonable penalties, within the limits prescribed in subparagraph (B), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property.(B) A person violating a regulation prescribed under this subsection shall be fined under this title, imprisoned for not more than 30 days, or both.(Added Pub. L. 90–560, § 5(a), Oct. 12, 1968, 82 Stat. 998; amended Pub. L. 91–375, § 6(j)(38)(A), Aug. 12, 1970, 84 Stat. 781; Pub. L. 100–690, title VI, § 6251(a), Nov. 18, 1988, 102 Stat. 4362; Pub. L. 109–435, title X, § 1001, Dec. 20, 2006, 120 Stat. 3254.)Editorial NotesAmendments

2006—Subsec. (c). Pub. L. 109–435 added subsec. (c).

1988—Pub. L. 100–690 substituted “Investigative powers of Postal Service personnel” for “Powers of postal personnel” in section catchline, and amended text generally. Prior to amendment, text read as follows:

“(a) Subject to subsection (b) of this section, officers and employees of the Postal Service performing duties related to the inspection of postal matters may, to the extent authorized by the Board of Governors—

“(1) serve warrants and subpenas issued under the authority of the United States;

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

“(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.

“(b) The powers granted by subsection (a) of this section shall be exercised only in the enforcement of laws regarding property of the United States in the custody of the Postal Service, including property of the Postal Service, the use of the mails, and other postal offenses.”

1970—Pub. L. 91–375, § 6(j)(38)(A)(i), substituted “postal personnel” for “postal inspectors” in section catchline.

Subsec. (a). Pub. L. 91–375, § 6(j)(38)(A)(ii), substituted “officers and employees of the Postal Service performing duties related to the inspection of postal matters may, to the extent authorized by the Board of Governors—” for “postal inspectors may, to the extent authorized by the Postmaster General—”.

Subsec. (b). Pub. L. 91–375, § 6(j)(38)(A)(iii), substituted “Postal Service, including property of the Postal Service,” for “postal service”.

Statutory Notes and Related SubsidiariesEffective Date of 1970 Amendment

Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.

Notes of Decisions
Cited in 38 cases (3 in the last 5 years), 1969–2026 · leading case: United States v. Watson, 423 U.S. 411 (1975).
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United States v. Watson, 423 U.S. 411 (1975). · cites it 3× “*415 Title 18 U. S. C. § 3061 (a) (3) expressly empowers the Board of Governors of the Postal Service to authorize Postal Service officers and employees "performing duties related to the inspection of postal matters" to "make arrests without warrant for felonies cognizable under…”
Pellegrino v. U.S. Transp. SEC. Admin., 896 F.3d 207 (3rd Cir. 2018). · cites it 4× “21 That approach is also consistent with decisions of other Courts of Appeals, which have treated only those performing criminal law enforcement duties as “investigative or law enforcement officers” under the proviso.”
Santoni v. Postmaster Gen., 369 F.3d 594 (1st Cir. 2004). · cites it 2× “” 18 U.S.C. § 3061 (a); see also 39 C.F.R. § 233.”
Nadine Pellegrino v. TSA, 937 F.3d 164 (3rd Cir. 2019). · cites it 2× “§ 7608 (a), the statute governing postal inspectors, 18 U.S.C. § 3061 (a), and the implementing regulations for the Department of Homeland Security and Drug Enforcement Agency, 8 C.”
United States v. Banks, 300 F. App'x 145 (3rd Cir. 2008). · cites it 4× “18 U.S.C. § 3061 provides in pertinent part: (a) Subject to subsection (b) of this section, Postal Inspectors .”
United States v. Richard Johnson, 834 F.2d 1191 (5th Cir. 1987). · cites it 4× “Was there a valid arrest? 18 U.S.C. § 3061 (a)(3) authorizes Postal Service officials to “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…”
Payne v. State, 343 N.E.2d 325 (Ind. Ct. App. 1976). · cites it 2× “The Court held that the fourth amendment permits warrantless arrests for felonies upon probable cause without regard to the existence of exigent circumstances: "Congress has plainly decided against conditioning warrantless arrest power on proof of exigent circumstances. Law…”
United States v. Roy Bottoson A/K/A Linroy Bottoson, 644 F.2d 1174 (5th Cir. 1981). “18 U.S.C. § 3061 . Appellant’s contention that he may neither be imprisoned nor be prose *1176 cuted because the officers who arrested him in his home did not have a warrant is erroneous.”
United States v. Kenneth George Montos, 421 F.2d 215 (5th Cir. 1970). “18 U.S.C. § 3061 (a) (2) (1964), as amended, (Supp.”
United States v. Charles E. Neiswender, A/K/A Lee Anderson, 590 F.2d 1269 (4th Cir. 1979). “4(c)(4) because it did not direct the arresting officers to bring the defendant before the nearest available magistrate; (2) Postal authorities were not authorized to obtain a warrant charging obstruction of justice, a non-postal offense (see 18 U.S.C.A. § 3061 ); (3) The…”
W. Lee Birch v. United States Postal Serv., 803 F.2d 1206 (D.C. Cir. 1986). “18 U.S.C. § 3061 (1982). 49 . Pratt v. Webster, supra note 28, 218 U.”
United States v. Gerett Jones, 13 F.3d 100 (4th Cir. 1993). “§ 404 (a)(7); see also 18 U.S.C. §§ 3061 (a) & (b)(1) (stating that postal inspectors have the authority to serve warrants, issue subpoenas, make certain war-rantless arrests, etc.”
Show all 38 citing cases →
— 18 U.S.C. § 3061(a) — 2 cases
United States v. Ulysses Gibson, 462 F.2d 400 (5th Cir. 1972).
Constitutionality of 18 U.S.C. 1715 (OLC 2026).
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