Bringing drugs into jails or prisons is a serious offense due to its significant risks to these correctional facilities' safety, security, and overall order. Correctional officers employ various measures to prevent and combat drug smuggling. These include thorough searches, surveillance, drug-detection dogs, and efforts to curb staff corruption. Those individuals caught trying to introduce drugs into prisons face severe penalties, as outlined in the law under Penal Code 4573 in California.

Drugs within correctional facilities can lead to various adverse consequences, including inmate violence, addiction problems, and the potential compromise of security, endangering inmates and staff. Consequently, authorities aim to deter and address drug-related incidents within jails and prisons. This underscores the gravity of being accused of bringing drugs to prison or jail.

What Does Bringing Drugs to Jail or Prison Entail?

Penal Code 4573 states that intentionally transporting controlled substances or associated items into a state prison, county jail, or any correctional facility without appropriate authorization is a felony under California law.

A controlled substance is a drug or chemical compound subject to government regulation due to its potential for abuse, addiction, and harm. These regulations group controlled substances into schedules or classes, with each category indicating the substance's abuse potential and accepted medical applications.

Examples of controlled substances include prescription drugs like:

  • Opioids like oxycodone.
  • Stimulants, for example, Adderall, and
  • Sedatives, for example, Xanax.
  • Illegal substances like cocaine, heroin, and methamphetamine are also categorized as controlled substances, as are certain chemicals used to produce illegal drugs.

Penal Code 4573 does not just pertain to those trying to sneak drugs into correctional facilities from the outside. It also covers individuals attempting to introduce drugs into the jail or prison after being arrested and in custody. The law's purpose is to prevent the introduction of controlled substances into these facilities, regardless of whether the person is already incarcerated or in the process of being booked into the facility.

PC 4573(b) requires correctional facilities to conspicuously post clear information about their rules and penalties at entrances. This transparency is crucial to ensuring that everyone entering the facility comprehends the rules and the consequences of breaking them. The visible display also serves as an educational tool for the public and visitors. It acts as a powerful deterrent for anyone considering smuggling contraband. The primary goal is to discourage individuals from engaging in illegal activities within the facility.

Individuals attempting to smuggle drugs into jails or prisons employ a range of methods to evade detection, including:

  • Concealing drugs on their person, like in clothing, shoes, or undergarments.
  • Hiding drugs during visitation by placing them in clothing, personal items, or even on their body.
  • Smuggling drugs through inmate mail, with drugs hidden in letters, books, or other items sent to inmates.
  • Involving corrupt staff members who ignore or actively assist in drug smuggling.
  • Exploiting opportunities for inmates assigned to work outside the prison to bring drugs back inside.
  • Creating tunnels for covert access into the facility, often used for drug smuggling.
  • Using drones to drop drugs within prison walls.
  • Throwing drugs over prison walls or hiding them in vehicles near facilities close to roads or highways.

What are the Potential Penalties If Convicted of Bringing Drugs in Jail or Prison?

Violations of PC 4573 are felonies. Convictions for the crime result in the following penalties:

  • Formal probation instead of imprisonment.
  • A jail sentence of 2, 3, or 4 years.

Legal Defenses You Can Assert to Challenge the Charges

When facing charges related to bringing contraband into a jail or prison, there are several legal defenses your attorney can employ to challenge these charges. It is crucial to consult with legal counsel to determine the most suitable defense strategy based on the specifics of your case. Here are some potential defenses:

  • You Had Authorization

Authorization is a pivotal aspect of the defense. This defense strategy revolves around demonstrating that you had permission from relevant authorities to introduce the items in question into the correctional facility.

You must establish that you had clear and explicit authorization from the appropriate parties, for example, the warden, superintendent, jailer, or person in charge of the facility. This authorization can stem from the established rules and regulations governing the facility, whether mandated by the Department of Corrections, specific prison or institution regulations, or other governing bodies.

The authorization defense underscores the significance of adhering to established procedures and acquiring proper approval to ensure your actions comply with the law. This defense can form a robust argument in your favor, particularly when supported by concrete evidence of the granted authorization. These include:

  1. Written documentation.
  2. Letter exchanges.
  3. Phone records and
  4. Notarized affidavits.

  • You Did Not Know or Lacked the Intent to Bring Drugs into the Facility

A key requirement is that the act must be done "knowingly." Simply put, you can only face criminal charges if you were aware of the drugs' presence and intentionally attempted to bring them into the correctional facility.

If you can demonstrate that you had no knowledge of the drugs and did not purposefully introduce them into the jail or prison, you cannot be held liable under this statute.

  • No Controlled Substance

A pivotal aspect of your defense against charges of bringing drugs into a jail or prison is emphasizing the absence of a controlled substance. If no controlled substance is involved in the alleged offense, this can form the basis for your defense.

You can provide evidence showing that the substance in question does not fall within the category of controlled substances as defined by relevant drug laws. This evidence takes the form of expert testimony, laboratory reports, or documentation confirming that the substance in question does not meet the criteria of a controlled substance.

By establishing the absence of a controlled substance, you can challenge the prosecution's case and potentially have the charges against you dismissed.

  • Entrapment

Entrapment occurs when law enforcement officers induce or coerce an individual into committing a crime that they would not have otherwise committed. It is not uncommon for officers to do this in their efforts to deal with the drug problem in prisons and jails.

To effectively employ the entrapment defense, focus on these key elements:

  1. Inducement — You must show that law enforcement, through their actions or words, encouraged or pressured you to commit the criminal act. This could involve various forms of persuasion. For example, offers to provide you with immunity or protection while in prison.
  2. Lack of predisposition — It's essential to demonstrate that you had no prior inclination or intent to commit the crime independently. Before law enforcement's involvement, you had no predisposition to engage in the unlawful act.
  3. Objective evidence — Providing objective evidence, for example, recorded conversations, emails, or witness statements, that supports the claim of inducement and your lack of predisposition is pivotal in reinforcing your entrapment defense.

Offenses Similar to Bringing Drugs in Jail or Prison

While drugs are frequently smuggled into correctional facilities, other items or contraband can also result in criminal charges if introduced into these institutions. These cases involve violations of distinct laws, which differ depending on the type of contraband.

  • Bringing Contraband Into a Jail or Prison

Penal Code Section 4573.5 addresses the act of introducing contraband into correctional facilities, which encompasses state prisons, county jails, and similar institutions under the authority of the Department of Corrections or local authorities.

Contraband, as defined under this law, includes:

  1. Alcoholic beverages.
  2. Drugs other than controlled substances and
  3. Any tools or equipment intended for the unlawful injection or consumption of non-controlled substances.

This law applies to individuals deliberately attempting to bring these items into these facilities. Knowledge and intent to commit this offense are crucial elements.

Introducing these restricted items is permissible only when authorized by the governing rules, be it:

  1. The Department of Corrections regulations,
  2. The specific rules of the prison, institution, or
  3. Under the explicit approval of the facility's warden, superintendent, jailer, or the person in charge.

Additionally, the law imposes stringent requirements for the visibility of prohibitions and penalties. It mandates that these rules and sanctions must be conspicuously displayed outside the facility's perimeter and at its entrance. This ensures that the public, including visitors, is well-informed about the legal ramifications associated with attempting to bring contraband into these facilities.

A violation of PC 4573.5 is a felony. Convictions result in the following penalties:

  1. Formal probation.
  2. 16 months, 2, or 3 years in prison.

  • Possession of a Controlled Substance in Prison or Jail

Penal Code Section 4573.6 addresses the possession of controlled substances and related paraphernalia within correctional facilities. These facilities include state prisons, county jails, and places where individuals are held in custody under the authority of law enforcement.

PC 453.6 acknowledges ten distinct locations, including:

  1. State prisons.
  2. Prison road camps.
  3. Prison farms.
  4. Prison forestry camps.
  5. Other prison camps.
  6. Facilities housing state prisoners.
  7. County or city jails.
  8. County or city farms.
  9. City or county road camps.
  10. Institutions where county or city inmates are held in custody.

This statute makes it a felony offense for any person to knowingly possess:

  1. Controlled substances, as prohibited by Division 10 of the Health and Safety Code,
  2. Along with any devices, paraphernalia, or instruments intended for the unlawful consumption of controlled substances within these facilities.

The penalty for this offense can include imprisonment for 2, 3, or 4 years.

  • Smuggling Alcohol into a Prison

Business and Professions Code Section 25603 (BPC) establishes that any individual, without lawful authorization, who brings alcoholic beverages into specific correctional facilities within the state commits a felony.

These facilities encompass state prisons, city or county jails, city and county jails, reformatories, and surrounding grounds.

The offense is punishable by the following penalties:

  1. A jail sentence of up to 3 years and/or
  2. A maximum fine of $10,000.
  3. Formal probation.

  • Alcohol at a Public Educational Institution

BPC 25608 sets forth the rules governing the consumption, possession, sale, delivery, or giving of alcoholic beverages within public schoolhouses and their grounds. This statute classifies these actions as misdemeanors.

However, there are specific exemptions under which acquiring, possessing, or using alcoholic beverages is legally permitted:

  1. Alcoholic beverages, specifically wine or beer, are produced by a bonded winery or brewery and are part of an instructional program in enology, viticulture, or brewing.
  2. The public schoolhouse is surplus property leased for community center purposes.
  3. Alcoholic beverages are obtained, possessed, or used as part of an authorized course of instruction within the school.
  4. Alcoholic beverages are used during events at a college-owned or college-operated veterans stadium with a capacity exceeding 12,000 attendees.
  5. In performing arts facilities owned by a community college district and leased to nonprofit public benefit corporations.
  6. In events at community centers owned by community service districts or cities when students are not engaged in school activities.
  7. Wine is used during events sponsored by a community college district with instructional programs in viticulture and enology.
  8. At professional minor league baseball games held at a community college stadium.
  9. During fundraisers benefiting nonprofit corporations, excluding athletic events.
  10. For events at overnight retreat facilities owned by county offices of education or school districts when students are off the premises.
  11. In residential facilities designated exclusively for faculty or staff.
  12. In water conservation demonstrations, gardens used by a joint powers agency, without the use of public funds.
  13. Beer or wine used with a culinary arts program at a California community college campus.
  14. During special events at public community college facilities, with the primary attendees being the general public or guests.
  15. Events at community college-owned facilities where K-12 students are not present.
  16. Special events at facilities owned and operated by educational agencies, county offices of education, school districts, or community college districts when students are not on the grounds.

The misdemeanor violation is punishable by:

  1. Up to 6 months in jail.
  2. A maximum fine of $1,000.
  3. Informal or summary probation.

Additionally, individuals convicted of violating this statute beyond the misdemeanor penalty could face a prohibition on enjoying privileges associated with the use of public school property.

  • Unauthorized Communication With an Inmate

According to PC 4570, any individual who communicates with or transports letters, writing, literature, or reading materials to or from a prisoner or a person detained in these facilities without obtaining the necessary permission from the warden or other authorized officer is committing a misdemeanor.

PC 4570 prohibits unauthorized telephonic communications with inmates and extends its restrictions to the unauthorized transfer of several written materials to or from inmates. These materials include letters, writings, literature, and other reading material.

Engaging in the unauthorized exchange of any of these materials with inmates without securing proper permission from the warden or the designated authority constitutes a violation of the law.

Violations of PC 4570 are misdemeanor offenses. Convictions will result in the following penalties:

  1. Six months in jail.
  2. A maximum of $1,000 in fines.

Do Strip Searches Violate Fourth Amendment Rights?

The Fourth Amendment protects against unreasonable searches and seizures. However, these protections have limitations within correctional facilities due to security needs. Inmates have reduced privacy expectations, and strip searches, an intrusive practice, are subject to the following principles:

  • Strip searches are conducted for specific and reasonable security objectives, for example, detecting concealed weapons or contraband.
  • Trained personnel ideally perform these searches with careful documentation of reasons and findings.
  • Gender and age considerations apply, with same-gender searches and special care for minors.
  • Intrusiveness should be minimized while achieving security objectives.
  • Individuals can challenge strip searches if they believe their rights were violated.

Strip searches do not require probable cause. They rely on a reasonable suspicion based on specific facts and circumstances. Balancing individual rights and security remains a complex legal matter open to interpretation and legal challenges.

In county jails and prisons, correctional officers have broader authority to order strip searches, primarily for safety and security. This authority, as upheld by the Supreme Court, extends to minor offenses. It can be conducted without the need for specific suspicion of concealed contraband. The pivotal Florence v. Board of Chosen Freeholders of the County of Burlington (2012) ruling establishes this practice, regardless of the severity of the offense, without violating the Fourth Amendment.

The Supreme Court recognizes the paramount importance of penal institutions in maintaining a safe and orderly environment. Excluding individuals from searches without specific suspicion of concealed contraband would undermine the institution's fundamental interest in safeguarding staff and inmates. Consequently, it is legally permissible for county jails and prisons to execute strip searches on incoming inmates as part of their intake procedures. The imperative drives this action to ensure safety and order, regardless of the nature of the offense.

Find an Experienced Los Angeles Criminal Defense Attorney

Legal representation is vital when facing charges of bringing drugs into a jail or prison. An experienced attorney can expertly navigate the legal process, safeguard your rights, and strive for the most favorable outcome in your case.

Acting swiftly to secure legal representation is of the utmost importance. The LA Criminal Defense Law Firm team provides invaluable guidance. We ensure your case reaches a fair and just resolution. Having us as your defense attorneys is critical in defending your rights and interests in a criminal case. Contact us at 310-935-1675.