Legal to open roommate's mail?

Question

I have a roommate that is living with me rent-free, because he fell on some hard times and I was trying to help him out. The trouble is, I checked the mail and found that he's using the little money he has to order what is basically a marijauna substitute--it's food for bonsai trees, and it apparently gets you high. It's apparently legal right now, but it probably won't be for long, and it makes me nervous as hell that it's coming to my house. It's a massive breach of trust in any case, because the idea with him living for free here was that he'd be able straighten his life out without having to worry about keeping a roof over his head.

So, I'm going to confront him, and I'm damn sure not gonna just give him the stuff, but I need to know if there are legal problems if I discard it. I've heard in movies that it's a federal offense to tamper with mail, but I have no clue if that's actually true, and if so, if this would be considered an acceptable reason to do so in court. I don't think he'd press charges or anything, but I want to know for certain regardless.

Answer 1

Don't confront him about anything, just tell him he needs to find a place of his own to life and give him a move out date and stick to it.

Answer 2

I find it ironic that you are accusing him of committing a "masive breach of trust" when you are the one opening HIS mail.



The mail is delivered by the United States Postal Service - an entity of the federal government. To deliberately tamper with someone else's mail violates federal law.



No. Being a nosey SOB is NOT an acceptable reason to tamper with someone's mail. Even if you believe there were illegal drugs in the package you STILL don't have the legal right to open someone's mail. You could have called the police and perhaps they could have brought out a drug dog. But under absolutely NO circumstances would you EVER be allowed to open his mail without his permission.



And you also have no right not to give him his property. You yourself have noted that this is legal to own and possess. You have no legal or moral basis to withhold his property. And if it is declared illegal in six months, it wouldn't make a damn bit of difference to what he owns, possesses or uses right now.



You say that he's the one who needs to straighten out his life, but you are the one who is potentially facing federal mail tampering charges, plus theft and possession of stolen property. If you discard it, you are still guilty of theft.



If you don't like what he is doing, give him notice and have him move out. You aren't his mommy.

Answer 3

I think it would be theft on your part because he bought it and it is his to have regardless of what you think of it, since its legal to have. On the other hand, its your place so you don't have to let him stay there if he does this. So you can tell him he will have to leave, and why he is breaking your trust. That will include the fact that if he has the money for recreational drugs then he doesn't need your help any more, and he will be able to leave immediately since he has proven that he doesn't need your help. My family has tried to help people something like this and it ALWAYS ends badly because the people take advantage of you. So, out they go. Its your life they are screwing up. Don't let them do it or you will become -miserable- and resent them.

Answer 4

You cannot open someone else's mail.