§3007 Detention of Mail for Temporary Periods

Summary

The Postal Service can ask a federal district court under section 409(d) for a temporary restraining order or preliminary injunction under rule 65 while preparing for or during proceedings under section 3005. If the court finds there is a likelihood of success on the merits, it must order postmasters in any district to hold the defendant’s incoming and outgoing mail that is related to the alleged scheme (for example, lotteries, sweepstakes, contests, facsimile checks, or similar devices). The order stays in effect while the section 3005 proceedings run, during any judicial review, and while anyone tries to enforce the orders. A finding that the defendant intended to lie or run a lottery is not required to issue the order. Mail being held must be available at the post office for the defendant to inspect in the presence of a postal employee, and mail that is not clearly part of the section 3005 case must be delivered as addressed. If the section 3005 proceedings end with an order, any court review must be in the district where the hold order was issued. The rule does not apply to mail sent to newspapers or other periodicals that receive the periodical rate, or to their agents.