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Did this person steal the contents of the package, or just open it?
She opened it and took the packing slip and receipt
For what purpose? What did she do with the contents?
I ask because, contrary to popular belief, there is no federal crime for opening another person's mail. There is a crime for opening mail in the possession of the Postal Service, but once it is delivered it is not a crime for someone else to open it. Many people believe it is a crime to open someone else's mail after it's been delivered, but that just urban legend.
My wife and I are going through a divorce. She was at my house when FedEx delivered me some surveillance equipment. She opened the box, scattered the contents all over the counter, and wrote BUSTED on the outside of the box. She took the packing slip and receipt from the inside to use as evidence that I was buying surveillance equipment ( to protect myself against her)
I was told that I might could use this against her
What she did is not a crime. In theory, the packing slip was your property, as it was part of the item you purchased, but the odds of you getting the police to involve themselves in the theft of a packing slip are very slim.
You may be able to use the fact that she invaded your privacy against her in the court proceedings, but she did not violate any criminal statutes.
I was hoping that the crime was in opening it in the first place
Unfortunately, no. Here is the statute most people get confused: http://www.law.cornell.edu/uscode/text/18/1702
Oh ok. Thank you.
As you can see, it only makes it a crime to open or take mail out of the possession of the postal service. So, something that's already delivered won't cut it.
Sorry for the bad news, but I can only give you an honest evaluation of the law and your situation.
I wish I had the answer you were looking for.
I understand and that is exactly what I needed so thank you very much
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