Don’t try to sneak these things to a prisoner

The word “smuggling” conjures up all kinds of illicit things. Drugs. People. Weapons.

In the context of a prison, even more things are prohibited from being smuggled into the pokey. Cell phones would obviously be a prohibited item in a prison, so trying to smuggle one in to the prison is illegal. OCGA 42-4-13 addresses this issue. It says: “(e) It shall be unlawful for any person to obtain, to procure for, or to give to an inmate, or to bring within the guard lines, any other article or item without the knowledge and consent of the jailer or a law enforcement officer. Any person violating this subsection shall be guilty of a misdemeanor.”

So two stories to tell you this week.

My lovely daughter Victoria accompanied me to Camilla for court this week. While waiting on a resolution of my client’s case, she had the chance to overhear two cases where persons tried to smuggle things (marijuana and cell phones) into the prison in Leesburg. She noted that in both cases, the smuggler had wrapped the item in electrical tape. Being more observant than I, she wondered if electrical tape had magical x-ray avoiding power.

A quick search found a plethora of cases dealing with the creative ways that people come up with to smuggle stuff into a jail or prison. Some stories involve anatomy that I choose to avoid as this is a family friendly column.

When wrapping an item in tape to avoid detection, it turns out that electrical tape is preferred over duct tape because it comes off easier. If you are strapping something to your leg, why take off skin when you remove it? Duct tape will take off skin, electrical tape won’t. Neither type of tape is x-ray resistant.

Alas, it will be either a misdemeanor or a felony if you get caught smuggling stuff into the jail, all depending on what you smuggle. Drugs, guns, weapons, and stuff like that is a felony coming your way. Tobacco, cell phones, or more tame stuff will probably just be a misdemeanor. 

Which leads to the second story of the week.

An attorney was recently disbarred by the Georgia Supreme Court for bringing tobacco to his client in jail. Yep, tobacco. Apparently he didn’t realize the health consequences of tobacco use.

The Supremes decided that smuggling is a crime of moral turpitude, which essentially means that you have to “think about it.” The special master hearing the case believed a suspension was sufficient, but the Supremes decided that smuggling cigs to a client in jail, especially 10 times, warranted disbarment. One less attorney to worry about.

Kelly Burke, former district attorney and magistrate judge, is engaged in private practice where he focuses on personal injury cases. These articles are not designed to give legal advice, but are designed to inform the public about how the law affects their daily lives. Contact Kelly at kelly@burkelasseterllc.com to comment on this article or suggest articles about the law that you’d like to see.

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