§3007 Detention of Mail for Temporary Periods

Summary

The Postal Service can ask a federal district court, using section 409(d) and the procedures of rule 65, for a temporary court order to hold mail while preparing for or during proceedings under section 3005. If the court is convinced the Postal Service is likely to win on the main issues, the court must order postmasters across districts to detain the defendant’s incoming and outgoing mail tied to the case. That order stays in effect during the case, any appeals, and any enforcement. Held mail must be available for the defendant to inspect at the post office with a postal employee present. Mail not clearly part of the case must be delivered as addressed. The court does not need to find intent to deceive or run a lottery to issue the hold. Any judicial review will be in the district that issued the hold if a section 3005 order is later entered. Mail to newspapers and other periodicals at the periodical rate, and their agents, are not covered.