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I need a research paper on package theft in San Francisco.

a. Federal law
i. Acts/laws passed to combat illegal mail/package theft What are ways/how is the law of
mail federally regulated? Why is mail theft a federal crime but package theft is not taken
seriously. It can lead to identity theft- which can cause bad credit, etc. Any statistics on
mail theft?
b. CA State laws? i. Are there any states who have taken notice and steps ?
c. San Francisco City laws
d. Regulation i. Attempt to regulate package theft at the federal level would be fair It
takes police as little as 5 hours before they respond.
e. Counter arguments
a. How are cops to investigate every package theft? i. Already a federal crime punished
across the country

Introduction

Package pilferage is the theft of part or whole of contents of a package. Package pilferage

also includes theft of the contents in it and leaving the package. Small portable packages can

easily be stolen from a large package like a big container for shipping. Theft of mail, on the other

hand, includes taking or stealing any posted item, including postcards or packages. Such crimes

do not always require the use of force by the perpetrators. Therefore, federal law in the definition

of crime often includes them because they majorly involve taking of items through deception,

fraud, or embezzlement. This research aims to explore package theft in San Francisco, federal

and California state laws passed to combat it, San Francisco city laws, and the role the law

enforcement agencies play in combating this menace.

Other related and broader aspects of mail/package theft include taking the whole

package, truckload, shoplifting, etc. Theft of packages can take place anywhere in the package's

journey from the source to the package's destination. The aspect of package theft also includes

theft by rogue employees working for the logistics entity tasked with transporting the mail.

Additionally, package pilferage also covers the theft of packages by customs agents and
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international mail employees (Lease, 8). The mail/package thief needs not to keep the mail

unintentionally. Instead, destroying or hiding the mail constitutes mail theft, as does the

possession, purchase, or receipt of mail/package that the individual does not know it was stolen.

The United States Postal Services (USPS) principle states that neither snow, rain, nor any

other factor prevents the postal services from swiftly completing their appointed tasks. The

USPC employees move billions of mail annually despite the challenges that may prevent mail

delivery. However, one challenge that is not mentioned by the USPS is mail theft, possibly

because when someone steals mail, the federal government takes charge of the matter. Mail theft

is a federal crime that could lead to a time in prison for the perpetrator. It can also lead to a loss

to the right to hold a public office or a role in the government and other significant fines.

The 18 U.S. Code, Section 1709, states that whoever steals, abstracts, or takes the

package, mail, or a postal card shall be fined or thrown to prison for a period, not more than five

years or both. This law covers a wide range of scenarios that can lead to theft and loss of

mail/package. The law identifies deception and fraud or attempts to obtain any package through

fraudulent manner warrants fines and imprisonment to the perpetrator. Secondly, it states that a

person who takes, steals or acts as an abstraction through fraudulent and deceptive actions,

illegally obtains package, mail, postal card, or any article that has been stolen or embezzled, is

described as knowing the fraudulent activity and liable for fines and imprisonment (Soares, 375).

Thirdly, the federal law under section 1709 further states that a person who unlawfully

buys or receives any postcard, package, letter, or mail that has been stolen or embezzled and has

the knowledge of the same will be fined or imprisoned for a period, not more than five years or

both. Lastly, the federal law also highlights that federal employees and postal officers shall be

fined or imprisoned when found to have embezzled any postcard, letter, mail, or a package.
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Additionally, the law also states that postal employees are liable for punishment whenever they

steal, abstract, or illegally remove a package/mail that fails to reach the intended customer.

Another law passed by the federal government to combat package/mail theft is the 18

U.S. Code, Section 1709 called Crimes and criminal procedures; theft of Newspapers states that

whoever steals any newspapers from any post office or a person in possession of it, shall be fined

or imprisoned for not more than one year. The law governing theft of newspapers was majorly

relevant when print media was still powerful. The digital era, however, has rendered this law a

little bit irrelevant because of the decreasing share of print media packages in postal services

across the country.

Although theft is illegal, stealing packages is considered a low-level property crime under

proposition 47, which immensely lowers the penalty for theft of packages under $900 in value.

Mail theft involves taking any piece of mail from the mailbox that is not your own. This action

by itself in states like California constitutes a crime. Therefore, the federal government takes

charge of mail theft whenever it occurs, implying that the perpetrator is subject to federal laws

and regulations during prosecution. The charges for mail theft, thus, are more serious than

package theft because stealing a package is considered a low-level property crime and, in most

cases, dealt with by the respective state government’s legal laws (Stickle, 16).

California Penal Code Section 530.5 PC defines the elements of identity theft and

retributions to whoever engages in identity theft. Identity theft is defined as using another

person's information for fraudulent purposes without his/her consent. California Penal Code

defines identity theft as fraudulent use of another person's information, fraudulent transfer, or

sale of another person’s private information. Personal identifying information can include
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address, name, passwords, pin numbers, etc. Because of the rising cases of identity theft crimes,

Congress passed laws in the year 1998 to cub the vice.

Under the Identity theft Act, it is a federal crime to knowingly transfer or sale; without

consent of the person or authority, another person’s privately identifying information. This law

was followed by the Theft Penalty Act of 2004, which increased retribution for an aggravated

identity theft crime, for example, cybercriminal activities. The Act requires the courts to impose

a two-year jail term for general offences and five years for identity theft terrorism-related

charges (Malone, 275). Unlike mail pilferage or other forms of robbery, Identity theft, in most

cases, occur without the knowledge of the victim; thus, it can happen to even the well-prepared

consumers. However, the law permits the Postal Inspection Service, FBI, FTC, and the secret

service to investigate and prosecute identity theft crimes.

Data and Statistics

Postal services delivery companies have revolutionized the way consumers shop

everything from clothes to kitchenware. Thanks to the digital revolution and online purchases,

items bought are delivered directly to the customer’s doorstep. The online shopping convenience

has, however, come with numerous other unexpected drawbacks like theft of mail/packages

delivered. Mail theft is a growing threat in America, and 36% of Americans have reported their

package stolen at least once.

The following figure shows the frequency of package deliveries in the US.
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Figure 1: Frequency of package deliveries, Source: crresearch

The statistics analyzed further shows that 56% of customers know someone who had a

package stolen, while 31% say they had a neighbour stolen. Statistics from the shipping giant

Amazon shows that 44% of Americans receive a package on a weekly basis. Therefore, because

most mail thieves know that the Amazon packages have hundreds worth of dollars in it, they take

advantage of the same.

Figure 2: Actions are taken after Package theft

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Respondents who have fallen victim to their package stolen said that they took multiple

precautionary measures to reduce the occurrence. Most of them said that they install cameras on

the door that have bells; others use Vivint or Google Nest. The doorbell camera allows the

owners of the premises to monitor entryways and record footages to deter potential thieves. The

respondents further said that they spend way up to $191 to install security features on their

premises. Another 44% said that delivery services companies are not doing enough to prevent

mail/package pilferage.

Figure 3: Actions made to prevent mail/package theft

The holiday season sees the highest number of purchases done by Americans, and thus

the highest number of mails delivered. Mail theft is always on the minds of shoppers. Statistics

point out that 92% of the respondents interviewed by research in the year 2019; say they expect

at least a package to be delivered in their homes. Nearly 47% said that they are concerned their

mail/package might be stolen. Furthermore, 36% of the respondents said that they sent a package

to another location besides their home to avoid being stolen.

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Figure 4: Precautions shoppers take for Holiday season mail deliveries.

California State Laws

The California Penal Code 530.5e PC on Mail Theft Laws in California states that any

person who commits theft or crime, as defined in section 1708 of the federal code, is guilty of a

public crime. The penalties for such an offence upon conviction is punishable by a fine or

imprisonment in a jail in the county for a term not exceeding one year or both imprisonment and

the fine. The federal mail theft, on the other hand, is treated differently than many theft crimes in

California. For instance, unlike petty and grand thefts, the penalties for theft of mail do not

always depend on the monetary value of the mail stolen (Soares, 375). In California, mail theft is

often closely associated with identity theft, a fraud crime in the state. Because identity theft

involves stealing one’s private information similar to mail theft, both are often charged together.

The current laws in California have no specific address to mail/package pilferage. The

law, however, states that a person who enters a room, a house, an apartment, or any other

premise with the intention of committing larceny or any felony, is guilty of first or second-degree

burglary. First-degree burglary is punishable by the state by imprisonment in prison within the
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state for a period of 2, 4, or 6 years. Second-degree burglary is punishable as misdemeanour

crime and warrants imprisonment in a county jail for a period not exceeding one year. If the

charge is a felony, the perpetrator is imprisoned in a county jail for 16 months, two, or three

years.

The California laws state that in order to prove that a defendant is guilty under the Penal

Code Section 530.5e, he/she must prove that the accused person committed a mail theft crime as

defined in section 1705 in the federal United States Code. This law requires the prosecutor to

establish that the accused maliciously or willfully tore down, broke, or destroyed any mailbox or

other receptacles for the mail delivery on any mail route. It also prosecutes the accused

individual if he/she maliciously or willfully injured, destroyed, or defaced any mail deposited

inside. The accused person will, however, be prosecuted in Federal court for mail theft because

the crime deals with the United States Postal Service and interstate commerce.

California Penal Code Section 530.5 PC: Identity Theft. Identity theft is using another

person’s private information without his/her knowledge for fraudulent purposes. Under the

California laws, identity theft is defined as illegal possession of another person’s identifying

information and fraudulent transfer or sale of another person’s private information (Lease, 8).

Personal identifying information includes a person's address, name, account passwords and pin

numbers, etc. The California law requires the perpetrator of identity theft to be charged as either

a misdemeanor or felony, depending on the severity of the loss caused by the offense and the

criminal history of the accused.

If charged as a misdemeanor, the defendant is sentenced for up to one year in jail

together with hefty court fines. On the other hand, if he/she is charged as a felony, the defendant

is given a three-year prison sentence. The number of times an accused person uses another
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person’s private information is considered a distinct violation of the identity theft statute.

Therefore, the defendant will be charged with multiple counts of identity theft, even when there

is only a single victim named in the prosecution.

Misappropriation of lost property is another law in California considered a state crime.

California Penal Code Section 485 PC states that a person who misappropriates a lost property

commits a crime and could result in prison sentences or a fine. Mails get lost in the US every

day. The person who finds a lost mail is not an offender. However, what that person does to the

lost mail amounts to rime if he/she misappropriates it. To prove that an individual is guilty of lost

mail misappropriation, the prosecutor must be able to establish that the accused found the lost

mail under circumstances that give him/her the knowledge to determine who the real owner of

the property is (Rasti, 9). It must also establish that the defendant used the property to benefit

himself or another person who is not the true owner of the property.

Lastly, the prosecutor must also establish that the accused individual did not make an

effort to find the original owner of the lost mail/package and to restore the property to its true

owner. Keeping a found property is not a crime. However, illegally using it or failing to make an

effort to give the package back to its rightful owner amounts to crimes under the California Penal

Code. The person accused will subsequently be prosecuted for grand theft or petty theft,

depending on the monetary value of the lost package (Stickle, 16). For instance, if the package’s

value is $950 or less, petty theft misdemeanor charges would be used to prosecute the offender.

However, if the package’s value exceeds $950, the defendant will be charged with grand theft.

Petty theft crime warrants six months in jail for the accused, while a felony charge will warrant a

maximum of three-year imprisonment.

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California has recently introduced a proposed bill meant to curb porch pirates in the state.

The proposed Assembly Bill 1210 states that any individual found guilty of stealing a package

that is not his, can be charged with a misdemeanor, and the person can be jailed for a period of

up to one year. Similarly, a felony charge on the most severe package theft in the state is

punishable by a jail term of up to 16 months or three years if found guilty. The bill introduced by

the state covers packages delivered by a private carrier or those shipped through the mail. It

applies to packages delivered to doorstep, stoop, driveway, patio or a porch. The bill’s proposal

comes at a crucial time when many Californians are reporting their packages stolen from their

homes by unknown individuals.

Several states have taken notice of California’s punishments for mail/package pilferage.

One example is the state of Texas. A new bill signed by Texas state governor Greg Abbott aims

to deter package theft by increasing the severity of the punishments for such crimes. House Bill

37 criminalizes mail theft. The penalties for such a crime range from class A misdemeanor to a

felony of the third degree with regards to the number of addresses the offender stole the mail

from (Soares, 375). This implies that punishment for that an offense is one year jail time for the

offender and $4000 fine. It can also be two and ten years of prison time and a fine of up to

$10,000.

On the other hand, if the accused person engaged in identity theft or stole from an address

of an elderly or a disabled person, the punishment for the crimes increase and can even go up to

the first-degree felony, again depending on the number of addresses the offender engaged in

mail/package pilferage from. Additionally, the legislation gives the local law enforcement

officials the power to handle the cases, considering the fact that initially, these agencies were
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required to refer all mail/package theft crimes to federal officials. Challenges in prosecuting mail

theft offenders led to the need for state involvement.

Michigan followed California’s example in creating stricter penalties for porch pirates.

The public act 48 passed in Michigan means that penalties for porch pirates are more severe. The

first offense in the Act is a misdemeanor with a punishment of up to one year in jail and a $500

fine. If the offender commits the crime for the second time, he/she will have committed a felony,

and the punishment for that is a five-year prison sentence and 100 dollars fine. Law enforcement

officials, together with officials from the Postal service, will work together in investigating and

prosecuting mail thieves where federal laws on mail theft are applicable.

The state of Georgia passed House Bill 954, which would make porch piracy and theft of

mail distinct offenses under the state's laws. Currently, an individual who steals another person's

packages or letters is charged under the general theft statute. If House Bill 954 is passed,

mail/package theft in Georgia will be considered a felony. In Georgia, many mail and package

theft cases fall under misdemeanor charges (Kim, 17). When someone steals items valued at over

$500, felony charges would be administered against him/her. The Georgian law aims to establish

deterrence against mail/theft by making them felony crimes. The penalty for such a crime

constitutes a five-year jail time for the offender.

Another state that passed a regulation to curb package theft is the state of New York.

Senator Daphne Jordan announced a new regulation to curb package theft. Following California's

footsteps, the senator introduced Senate Bill S.6794, meant to curb mail theft in the state. The

legislation would make an intentional taking of another person's package from the driveway,

doorway, a porch, or any other area adjacent to the owner's residence, a felony crime. This
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particular crime is punishable by a maximum five years prison sentence, hefty court fines, or

both.

San Francisco City Laws

In the city of San Francisco, the City hall has passed several rules and regulations that

focus on theft, burglary, or any deceitful act that may lead to a loss of property or a package. For

instance, Police Code Section 451 of San Francisco regulations prohibit false impersonation. The

law states that it is unlawful to impersonate or represent oneself as a city or federal government

official with the purpose of falsely obtaining information or items from another person. This law

covers mail/package delivery officials. An individual found impersonating mail/delivery package

officials to steal from unsuspecting customers, risk spending time in prison, and hefty court

fines.

San Francisco police Code section 456 prohibits false statements relating to Merchandise

or any services. The law states that any person, employee, firm, or a corporation who, in any

form of writing alters or modifies any mail/package addressed to a particular person, firm, etc.

intending to steal or any form of fraudulent activity shall be deemed guilty of an offense. Upon

conviction, the offender shall be fined not less than $25 and not more than 500 dollars. It also

states that the culprit, if found guilty, will serve a period not exceeding 180 days behind bars or

both fine and imprisonment.

Another crucial law in the city of Francisco that is important in curbing fraud and

pilferage of mail/package is the San Francisco Police Code section 457. This law states that any

retail store that fails to refund the customer for packages undelivered, negligence, or sub-

standard items shall, within seven days, conspicuously post such policy on each sales counter,

public entrance, or attach it in the items sold (Hassan, 25). Such signs should state what the
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store's policy is about undelivered/stolen packages and the measures to take whenever a person is

faced with such a circumstance is. The law also states that the store should state the form of

compensation, whether there is cash refund, store credit, or other exchanges applicable at the

periods of the mail/package loss and the type of the package lost. Violation of this section of the

law is an infraction punishable by hefty fines or time in prison and loss of permit to run the store,

retail, warehouse, etc.

Police Code section 456 requires retail establishments to issue itemized receipts for goods

purchases. It also describes the penalties and fines imposed on an individual found guilty of

committing such a crime. The law requires persons providing goods including those sold for

personal, primary, family, including electronics, photography, telephones antiques, etc. to

provide itemized receipts for such purchases if purchases of any one item in the receipt exceeds

100 dollars (Ranen, 8). It also requires that all printed or written receipts should be precise. As

required by this section, the receipt shall include the date of sale, address, and name of the seller,

etc.

Additionally, if the item sold or purchased is electronic equipment or a photographic

item, the model of the item and the manufacturer should be well captured in the receipt. All

written or printed receipts should also clearly state the names of the items purchased and the

quantity of such purchases. Also, the unit cost of the items purchased plus the cumulative cost

for such purchases must be recorded, and any applicable taxes must be written in the receipt

issued. These requirements by the San Francisco city council are meant to curb mail pilferage

and other petty packages theft. Because the receipts issued have the full details required of the

packages and the intended customer with the required location, therefore, in case of mail theft en
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route to the customer or while at the customer's premises, tracking the stolen item will be easy,

and the full force of the law will take its course.

This law further describes the actions a customer can do whenever his/her mail is

tampered with or fails to reach him/.her. Any owner of a lost or tampered package can take

action against any retailer that violates this section of the San Francisco city law. The laws state

that the customer will get $250 or more depending on the total value of the goods purchased. It

also recommends punitive action to the retailer if the court determines that the violation was

intentional and other actions that the court deems proper.

The penalties and fines for any individual found violating this section is guilty of a

misdemeanor and if found guilty by the court of law, he/she may be fined 500 dollars for the first

offense and $1000 for the other subsequent offenses. Additionally, the perpetrator may be

imprisoned in a county jail for a period, not more than six months or both imprisonment and fine.

On top of the fines and penalties, the San Francisco city council may initiate a civil lawsuit to

compel an individual to enjoin violations of the section. In the event that the City council

succeeds in such an action, the court shall fine the perpetrator $1000 or pay three times the cost

of the packages pilfered, whichever is greater (Ranen, 9).

Lastly, the San Francisco Police Code section 446; evidence of guilty, states that

violations of fraud and deceit, if found to have been made unlawfully upon the premises used or

occupied by the accused and charged with this Article, would or have received benefits of the

stolen package without having made an effort to return it to the rightful owner, the person shall

be prima facie evidence of guilt of the accused. The law takes its course, and the accused person

fined or imprisoned.

Regulation
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First-class domestic mail can be opened, and the contents in it inspected with permission

from the person the mail/package is addressed. Secondly, a pursuant of a search warrant

authorized by the law has the authority to open first-class domestic packages. Thirdly, an officer

or a postal office employee has permission to open the mail for determining the person who the

mail is addressed to. A different statute from the federal government applies to mail that

originates outside of the United States. Under this law, a customs officer or border protection

agents are authorized to search the vessel when suspected of transporting contraband mail to the

United States.

The United States Postal Service regulates the permissible ‘’mail cover’’ use during

investigations where appointed government officials record information that appears on the

exterior part of a mail and its contents. The government may use mail information from the mail

covers only for national security purposes, according to the Postal Service regulations. The

regulations allow the government-investigating officer to locate a fugitive, obtain evidence of

crime commission using the information in the mail/package, assist in the investigation of a

package and recover proceeds from the mail/package (Litan, 12). Furthermore, mail cover

requests must be submitted by law enforcement officials to the Post Office in writing in order to

set up valid grounds to believe that the mail is not used for its intended purpose.

The US federal government has various regulations in place to curb mail pilferage and

packages theft. The legislation 39 C.F.R. § 233.3, entitled mail covers, is a policy passed by

Unites States Postal Services to maintain supervision and rigid control with respect to the use of

mail covers as an investigative strategy for law enforcement officials for national security

protection. Mail cover is the process of obtaining data that appears on the outside cover of any

mail, whether sealed or unsealed. For a law enforcement officer to obtain information on a
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fugitive and to protect the national security, he/she must obtain records of the contents inside the

mail. These regulations, however, constitute the procedure and authority for processing and

disclosure of material obtained from all mail covers for national security protection.

A chief postal inspector, who is also an employee at the United States Postal Service

(USPS), may order mail cover when postal rules and regulations are violated. One such scenario

is when a request is received in writing from postal inspector stating that he/she believes that a

certain mail cover has enough evidence relating to the violation of postal rules and regulations

like mail/package tamper or pilferage. Secondly, the Chief Postal Inspector may order a mail

cover whenever any law enforcement agency requests investigation onto suspicious

mail/package on transit or stationary. Their grounds for initiating a mail cover can be to locate an

offender who committed a crime, and he/she is on the run and also for the protection of the

national security.

Thirdly, a mail cover may be ordered by the chief postal inspector to assist in identifying

a package, proceeds, or packages/mail left unattended because of suspicious criminal activity.

Such a scenario gives the law enforcement officials authority to investigate the violation, gather

enough evidence, and present the offender to the courts for prosecution. However, there are

exceptions to the mail order rule. For instance, a postal inspector or any employee under the

direction of the former may record information that appears on the outer cover of a mail without

obtaining mail cover order when the mail is found abandoned under unclear circumstances

(Manduley, 79).

Secondly, the mail cover may be initiated when the mail/package is found in the hands of

unauthorized persons reasonably believed to have been embezzled or stolen. In that

circumstance, the law enforcement officers initiate criminal proceedings against the offender,
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and the courts determine whether package theft crime has been committed. They then determine

whether the charge is a misdemeanor or a felony charge. Lastly, a mail inspector or employee

may initiate a mail cover when the mail is damaged or unclaimed by the intended owner, or the

package poses an immediate threat to persons or property. The mail cover request by a postal

inspector lays the ground for a preliminary investigation into the suspicious package with the

help of the law enforcement officers. Thereafter, the pieces of evidence gathered are presented in

a court of law where the offender is prosecuted under the federal laws governing mail/package

theft.

The important part of the regulations governing the handling of packages/mail is the limitations

passed to guard against in-house covert operations by the postal employees or other government

employees. One limitation states that no individual in the postal office except the ones employed

for the purpose of opening dead mails may inspect mail’s contents, open a mail, or permit the

opening of sealed mail without a search warrant from the federal government. The regulation

further warns against unauthorized access to a customer's mail/package without his/her consent,

even if the mail/package is suspected of having been used in committing a crime (Stickle, 15).

This regulation is important to guard the privacy of citizens and protect them from identity theft.

The regulation further states that no postal services employee shall inspect or record the

contents of any unsealed mail/package except for the purposes of defining if payments are made

and whether the package/mail can be sent via the postal service. It also states that no employee

has the authority to order a mail cover except the Chief Postal Inspector. However, a mail cover

may be initiated and taken charge by any postal employee whenever the authority deemed it

dangerous to the national security, or when the fugitive is on the run (Manduley, 79). The
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requesting authority must then provide backing statements of the benefit of initiating the mail

cover and the reasons for the extension of the investigation.

The other regulation in a place devoted to curbing mail/package pilferage is pertaining to

records of mails/packages. This regulation requires the records of all mail covers ordered and all

the reports issued to be in the custody of the Chief Postal Inspector. Additionally, the physical

storage of the data collected shall also be at the custody of the Chief Postal inspector. Secondly,

the records regulation requires the Chief Postal Inspector to destroy all data acquired after the

determination that a mail cover was ordered improperly. Therefore, the requesting authority must

be notified of the discontinuance of the mail cover and the reasons for that occurrence.

Once a mail cover has been lawfully ordered, any employee at the postal service may be

assigned the responsibility to take charge of the matter. Thus, he/she will be tasked with

transmitting mail cover reports and other essential information directly to the requesting

authority. The Chief Postal Inspector or any designee has to review mail covers periodically to

ensure that they comply with the postal and federal rules and regulations. A designee shall be

appointed by the Chief Postal Inspector to periodically conduct a review of the mail cover orders

pertaining to national security. Finally, the regulation requires the Chief Postal Inspector to

determine all the matters concerning mail covers and make a judgment concerning them. His/her

determination is conclusive and will not be further subjected to any further administrative review

(Manduley, 79).

The 18 U.S. Code, Section 1709, states that whoever steals, abstracts, or takes the

package, mail, or a postal card shall be fined or thrown to prison for a period, not more than five

years or both. This law covers a wide range of scenarios that can lead to theft and loss of

mail/package. The law identifies deception and fraud or attempts to obtain any package through
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fraudulent manner warrants fines and imprisonment to the perpetrator. Secondly, it states that a

person who takes, steals or acts as an abstraction through fraudulent and deceptive actions,

illegally obtains package, mail, postal card, or any article that has been stolen or embezzled, is

described as knowing the fraudulent activity and liable for fines and imprisonment and will be

charged under the United States federal government laws and regulations.

What is evident in these laws, both state and federal, is that the federal government’s

strategies of combating mail/package theft are more efficient than the state government. For

instance, it takes police as little as five hours to respond to mail theft crime. This can be

attributed to the fact that federal laws and regulations governing the postal service are under the

arm of the federal government agencies. Therefore, it is easy for the government to easily

mobilize resources and react to a criminal activity touching on postal services. The law

enforcement officials investigate the crime under federal laws while the court system dully

applies the laws and regulations pertaining to theft of mail/package. Therefore, it can be

concluded that the amicable marriage between the various federal government agencies

pertaining to postal services is what brings makes the curbing of mail/package theft easy

(Stickle, 16).

Counter arguments

The mail and wire fraud statutes in the US overlap with a huge number of other federal

statutes pertaining to the crime. Conducts that support prosecution under the mail fraud always

supports prosecution under the following criminal provisions: a) The accused person uses mail as

an element of another different crime like money laundering or racketeering. b) Persons who

proscribe other deprivations of authentic services like kickbacks and bribery, like laws that ban

bribery of federal or state officials in connection with state or federal programs. I feel that these
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overlapping statutes can be a loophole that offenders can walk themselves out of crime

unscathed. Therefore, I support the congress’s efforts in trying to repeal and remodel some of the

sections and make them clearer and precise.

Some of the legislation passed in the state of California have massive loopholes, and I feel it is

time leaders in the state address this emerging issue. For instance, a piece of legislation passed

by voters in California in the year 2011 aims to divert criminals convicted of felonies and not

defined as serious crimes to local county jails from the state prisons. The aim of this legislation

was to create more space at larger state prisons for persons convicted of serious crimes like

violent offenses or sexually based crimes.

What does this legislation mean? It means that the federal statute will not protect your

Amazon, FedEx, and UPS packages delivered onto your porch, even if the United States Postal

Service delivers the package. Therefore, this implies that a criminal who steals other people’s

packages on the doorway or the driveway would likely not be prosecuted under federal laws. I

feel that this loophole is dangerous because it encourages criminals to engage in mail/package

theft, knowing that the penalty is minimal and that they won’t end up in jail.

Another legislation that I personally feel that it encourages mail pilferage is Proposition

57. This law allows for the early release of thousands of felons who have been convicted of

crimes that are non-violent in nature (Soares, 375). Our streets, thus, will never be any safer as

long as petty crime offenders roam free. Another Proposition 47 makes it almost impossible to

lock up serial offenders who are convicted of property crimes. I feel that the people's power is

stronger, and we can push for new laws making mail theft a felony in California, and in that way,

we can peacefully live knowing that our packages are safer in the driveway or at the mailbox.
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Postal inspectors investigate any crime related to mail/package theft, financial fraud and

identity theft, whether on transit or stationary. Other crimes also include burglaries and robberies

to postal facilities, threats and assaults to postal employees and investigate dangerous or

prohibited mail/package. The US government federally prosecutes such a crime. The law

enforcement officials, on the other hand, investigate the crimes as stated in the US federal statute

pertaining to postal services. The courts prosecute the criminals, whether felony or misdemeanor

charges. So, there is an ecosystem existing between these federal and state agencies. They work

closely in ensuring that any aspect relating to mail fraud or theft is investigated and prosecuted

amicably.

Once an investigation is underway, the postal inspector presents the case to the federal

prosecutors from the office of the US attorney and local prosecutors. Throughout the period of

prosecution, postal inspectors and other postal employees are required to give evidence and

testimony pertaining to the investigation. They explain the process they used in the investigation,

the findings of the investigation and the conclusions. A prosecution will then commence, and the

offender prosecuted.

The law enforcement officials, in this case, the police, are tasked with investigating every

mail/package theft crime whenever requested by postal officials. In liaison with the postal

employees, the cops investigate every crime concerning mail theft. Although the crime is

federally prosecuted, the law enforcement officers are only called to take part in an investigation

whenever a mail cover order is issued by the Chief Postal Inspector; otherwise, it is not always

that they partake in that investigation (Soares, 375). One reason for such a collaboration is the

fact that the postal services do not have the resources and the expertise to investigate and

prosecute every crime concerning mail/package theft.

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The police have a huge role to play in helping the postal inspectors. The laws require

individuals to contact postal inspectors who in turn contact the police whenever a suspicious mail

is received by an individual. Such circumstance include; mailing a bomb, making a bomb threat

to another person, assault and robbery, breaking into one's apartment to steal items in the

mailbox, breaking into a delivery vehicle to steal packages on transit, possession of stolen mail,

post office vandalism and many other offences that may warrant a closer collaboration between

the postal service and the police to investigate and prosecute.

Lastly, the postal services through liaison with other investigating agencies and the

forensic department have crime laboratories. These labs have hand printing and handwriting

capabilities, typewriting comparisons, detection of counterfeit documents and papers, detection

of indented writings and comparisons and development of prints, palms, fingerprints etc. The

forensics team analyzes chemicals, assist in bomb identification and collaborate with various

other departments for crime prevention duties. Postal inspectors also try to identify and analyze a

threat that may pose a danger to postal employees. Therefore, in liaison with the police officers,

the postal service strives hard to ensure that threats relating to mail/package deliveries are dealt

with in a swift and organized manner.

Conclusion

The role of the postal service in the everyday lives of many Americans is in no doubt one

to be reckoned with. The United States Postal Service works hard all the year-round to ensure

that mail/package deliveries are done efficiently irrespective of factors like mail theft that may

slow the process down. Apart from the laws and regulations passed to curb package pilferage in

the US, the postal service has its own set of regulations touching on the same. States like

California and others have also passed various legislations to curb mail/package pilferage,
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without forgetting the city of San Francisco. All these steps taken by both state and federal

governments are crucial in ensuring the safety of all American citizens’ properties and

maintenance of national security.

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Soares, David. "Delivered package theft deterrent system." U.S. Patent Application No.

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Stickle, Ben, et al. "Porch pirates: examining unattended package theft through crime script

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