3.4.2

• Jurisdiction: Arizona

§ 3.4.2 Private Mail Carriers, Other Carriers, and Airlines

Employees of public mail carriers - U.S. Post Office - are constrained by the Fourth Amendment. See cases cited in § 3.1.7, “Packages and Mail.”

Employees of Federal Express are not state actors, so a police officer’s search of a package already examined by Federal Express employees was not unlawful. United States v. Jacobsen, 466 U.S. 109 (1984). A Federal Express security officer was not a state actor. United States v. McGreevy, 652 F.2d 849, 851 (9th Cir. 1981).

UPS employees are not state actors, so UPS employee’s search of a suspicious package not a search. A subsequent search of the package again and seizure by Tucson DPS officers of the marijuana...