Legal Question in Constitutional Law in New York

Shipping Package Search

Do shipping carriers (Fedex, UPS, DHL) have the right to open packages for no valid reasons? This is a standard package that is not leaking, damaged or that stands out. I thought the 4th Amendment protected that right. I see where one of the major carriers indicates in their tariff, terms and etc, '' we reserve the right to open packages.''

Thanks


Asked on 12/03/05, 7:49 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Shipping Package Search

Service agreements with these companies almost surely state that the companies can open packages at their discretion. Individual airbills probably have similar language.

The Fourt Amendment limits the power of the government to conduct searches, but FedEx, UPS and DHL are not part of the government. They are private entities and are not subject to that Amendment, or to most other parts of the Constitution. They are governed instead by statutory law. I am not aware of any statute which limits their ability to inspect packages.

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Answered on 12/03/05, 3:03 pm


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