united-states trespass us-federal-government
USPS Back Room - Trespassing?
<p>I go to my local post office nearly every day to drop off packages for online purchases.  A couple of years ago, I had a van full and it would have taken many trips to bring them inside.  I asked a clerk if there was an easier way.  The supervisor came out and told me to drive around back.  I came around back to the fenced (not gated) employee area.  No one met me.  So, I walked in.  He pointed me to the empty carts.  I took one, filled it up and brought it back inside and asked him where to put the cart.  I handed him my paperwork and left.</p>

<p>This was much easier for me.  So, I started doing it every trip (4-6 times per week).  The postal clerks all know me, see me and interact with me in the back room.  I go to the far corner where the supervisor has his desk to hand him the paperwork.  It seems like a decent arrangement.  Makes it easier for me.  No lines. And easier for them as I move the packages right to their sorting area.</p>

<p>Although it is clear to me that I am allowed there, I still feel a bit odd for being in the clearly labeled "employees only" area.  I would think that at any time, they could revoke this permission, but do not since it is mutually beneficial.</p>

<p>I had some "Facebook lawyers" tell me that one day, I will get arrested.  While I guess that could happen, I find it far more likely that if a postal police officer happened to be there one day, he'd question me, question the supervisor and either tell me that I cannot (or can) continue to access this area.</p>

<p>Does the long-standing policy of allowing my access grant me some-sort of (revocable) license to continue until told otherwise?</p>

<p>Trespassing requires that you be on someone else's property without their permission. The supervisor has explicitly given you permission, so it's not possible for you to trespass. You are correct that someone with the proper authority could revoke this permission at any time, at which point you would have to leave or be guilty of trespassing. The only way this situation could constitute trespassing is if they revoke your permission and you ignore them. You can't trespass somewhere that the property owner has allowed you to be and you observe the rules they have set (which may be implied) for you being there.</p>

<blockquote>
  <p>if a postal police officer happened to be there one day, he'd [...]
  <strong>question the supervisor</strong></p>
</blockquote>

<p>I'd say the post office people, and esp. the supervisor, are at much higher risk than you. If, by some policy or law or whatever, what you do was actually prohibited, then the supervisor and staff would likely get into trouble for allowing you there because it would be their responsibility to prevent you getting there. Their job's might be at risk, if not more.</p>

<p>Assuming that the supervisor and staff know that any bad consequences would likely be worse for them than for you, I think you can rest assured that they judge the "risk" to be pretty much non-existent, likely because the "Employees only" policy is generally not (supposed to be) enforced strictly.</p>

<p>However, you and they may or may not be on difficult terrain if/when something bad happens:</p>

<p>Scenario #1: While shuffling your packages around the not-for-you area you trip/slip and get injured.</p>

<p>Scenario #2: After you have been there in the morning, in the evening before closing time someone at the post office notices that a couple of packages have disappeared.</p>

<p>If they tell you to leave and you do not it is trespassing, but all you have to do is say OK and leave if they ask you to go. Anyone complaining about that is immature. </p>

<p><a href="https://www.law.cornell.edu/cfr/text/25/11.411" rel="nofollow noreferrer">https://www.law.cornell.edu/cfr/text/25/11.411</a></p>
<blockquote>
<p>25 CFR § 11.411 - Criminal trespass.</p>
<p>(a) A person commits an offense if, <strong>knowing</strong> that he or she is not licensed or privileged to do so, he or she enters or surreptitiously remains in any building or occupied structure. An offense under this subsection is a misdemeanor if it is committed in a dwelling at night. Otherwise it is a petty misdemeanor.</p>
<p>(b) A person commits an offense if, <strong>knowing</strong> that he or she is not licensed or privileged to do so, he or she enters or remains in any place as to which notice against trespass is given by:</p>
<p>(1) Actual communication to the actor; or</p>
<p>(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or</p>
<p>(3) Fencing or other enclosure manifestly designed to exclude intruders.</p>
<p>(c) An offense under this section constitutes a petty misdemeanor if the offender defies an order to leave personally communicated to him or her by the owner of the premises or other authorized person. Otherwise it is a violation.</p>
</blockquote>
<p>[emphasis added]</p>
<p>Trespassing, at least as defined by this statute (I suppose there could be some other statute dealing with trespassing), is not a strict liability offense. To be guilty of trespassing, you must merely not have permission, but <em>know</em> that you don't have permission. The very fact that you are asking whether this is trespass means that it is not; one of the elements is that you know that you are not allowed to be there. Now, there is the practical issue that even if you don't know, if a prosecutor can convince a jury that you did, then you can still be convicted. Also, a judge would probably interpret &quot;knowing&quot; as &quot;having a reasonable basis for believing&quot;, so you can't get away with claiming radical skepticism &quot;Well, can we really <em>know</em> anything for certain?&quot;</p>
<p>In this case, you don't know that you aren't permitted there, and you have a reasonable basis for thinking that you might be permitted. And even if a LEO thinks that you are guilty of trespassing, unless you are doing it at night it's a petty misdemeanor, and it's likely that for a petty misdemeanor, you would get a citation rather than being arrested.</p>
<p>P.S. Just in case this isn't clear, I'm responding to this being tagged &quot;federal-law&quot;. Whether there are state laws that might apply is not addressed by this answer.</p>

<blockquote>
  <p>Although it is clear to me that I am allowed there, I still feel a bit odd for being in the clearly labeled "employees only" area. I would think that at any time, they could revoke this permission, but do not since it is mutually beneficial.</p>
</blockquote>

<p>Consider this-- many private loading docks and maintenance passages are located in "employees only" areas of properties, but that does not stop free passage of (non-employee) vendors and contractors authorized to enter and use that area.</p>

<p>In your case, you were authorized by the supervisor to be there the first time and permission is renewed each time you show up and are not asked to leave. Consider yourself a vendor.</p>

<blockquote>
  <p>I had some "Facebook lawyers" tell me that one day, I will get arrested.</p>
</blockquote>

<p>Though not wrong, this much is a bit overstated and depends on context. Even if you're found lurking around a reasonably public area of an active military installation (outside front gate, inside visitors' center, etc.), they'll generally question you and ask you to leave first. But subsequent violations (or being found in a secured area) constitute trespass and can warrant arrest or worse.</p>

<p>The "Trespassing?" question from the subject has already been answered, but to answer the actual question in your post:</p>

<blockquote>
  <p>"Does the long-standing policy of allowing my access grant me
  some-sort of (revocable) license to continue until told otherwise?"</p>
</blockquote>

<p>I think the answer is "No."</p>

<p>The regulation you're likely violating isn't Trespassing, but <a href="https://www.law.cornell.edu/cfr/text/39/232.1" rel="nofollow noreferrer">39 CFR § 232.1(d)</a>: </p>

<blockquote>
  <p><strong>Conformity with signs and directions.</strong> All persons in and on property shall comply with official signs of a prohibitory or directory nature, and with the directions of security force personnel or other authorized individuals.</p>
</blockquote>

<p>The "Employees Only" signs are "official signs of a prohibitory ... nature." Now, the first time you did this, you were complying with the directions of the supervisor, who is presumably an "authorized individual." However, on your subsequent visits, I don't see any way you could legally claim that an absence of objection is the same as a "direction."</p>

<p>That said, I can't imagine you'd ever actually be charged with anything since the employees obviously are okay with you being there. However, if you were, there would be a possibility of jail time. 39 CFR § 232.1(p)(2) describes the penalty as </p>

<blockquote>
  <p>Whoever shall be found guilty of violating the rules and regulations in this section while on property under the charge and control of the Postal Service is subject to a fine as provided in 18 U.S.C. 3571 or imprisonment of not more than 30 days, or both.</p>
</blockquote>

<p>The following sentence appears in the Domestic Mail Manual (which is incorporated in the Federal Register as a federal regulation).  </p>

<blockquote>
  <p>When mail is not containerized or on pallets, drivers must place the mail into containers as delivery unit employees specify. </p>
</blockquote>

<p>Source <a href="https://pe.usps.com/text/dmm300/256.htm#ep1176819" rel="nofollow noreferrer">Mailing Standards of the United States Postal Service Domestic Mail Manual > 200 Commercial Letters, Flats, and ParcelsDesignStandards> 250Commercial MailParcel Select > 256Enter and Deposit, item 2.13 Vehicle Unloading</a></p>

<p>On one hand, I understand from the narrative story that that is exactly what happened, and it shows that USPS employees are authorized to direct you where to unload loose parcels from a vehicle.  You should be able to continue this until they specify a different operation.</p>

<p>On the other hand, this is in the context of qualifying freight dropshipped parcels sent to specified postal facilities to get cheap commercial parcel postage rates.  I suspect you are not shipping as a commercial mailer but as a retail mailer at your local post office. The DMM doesn't to my knowledge specify vehicle unloading standards for retail rates, because it doesn't anticipate you or your driver doing work included in retail rates.  So you are not bound by the "must" unless you are getting the commercial rate.</p>
