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B-203572 1 (1981-09-15)

handle is hein.gao/gaobabjik0001 and id is 1 raw text is: ULUV~TED. TATES GENERAL ACCOUNTING OFFICE 7 WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL September 15, 1981 B-203572 ( aail~able akeav to Public reain The Honorable Adam Benjamin, Jr. House of Representatives Dear Mr. Benjamin: In your letter of May 28, 1981, you asked whether mail marked personal or addressed to a Government employee at his work address may be opened by someone other than that employee without his express permission. We are not aware of any established legal rights that are violated by the practice you describe. The relevant Federal statute is 18 U.S.C. §1702, which provides: Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, with design to obstruct the correspondence, or to pry into the business or secrets of another, or opens, secretes, embezzles, or destroys the same, shall be fined not more than $2,000 or imprisoned not more than five years, or both. A violation of section 1702, however, occurs only where a letter has been taken with intent to convert it and deprive the addressee of possession. * * * 'Take' as used in said section, considered in conjunction with the 'design' of the person doing the taking, denounced therein, is synonymous with --he

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