CR 9-412:  Contraband in Place of Confinement

Contraband charges can apply to a variety of circumstances, but the constant fact is there is some connection to a local jail or state correctional facility.  Any time a person is arrested he or she will be searched prior to being booked into a jai facility.  If the arrestee is in possession of contraband at the final search, he or she will most likely be charged with possession of contraband in a place of confinement.  The most common types of contraband for this charge include CDS such as marijuana, cocaine, meth and suboxone.  The contraband statute under CR 9-412 also prohibits delivering or attempting to deliver contraband to a person in a place of confinement.  In these cases, both the inmate and the visitor could be charged with a violation.  A person can also be charged with a contraband violation for possessing items that would otherwise be legal such as cell phones or magazines.  Simply possessing these items in a jail may not lead to criminal prosecution unless there is evidence the items were intended to be delivered to an inmate.
 
We have seen numerous cases where correctional officers or contractors working at a state prison or local jail have been paid to deliver contraband to an inmate inside the jail.  These cases are generally treated more seriously than if a non-employee visitor is charged due to the alleged breach of trust.  The firm has also represented individuals who were arrested and forgot they had been in possession of CDS during the booking process.  Police preform a simple search for weapons and contraband upon arrest, but the search during the booking process is far more thorough.
 
Maryland Criminal law 9-413 prohibits the possession, delivery or concealment of contraband that can be used to assist an escape.  This statute applies to inmates who are found in possession of escape tools as well as visitors or jail employees that place escape tools anywhere on the jail property with the intent to aid an escape.  This is a more serious crime than contraband related to controlled substances, tobacco or other items not intended for escape.  Escape contraband is a felony with a 10-year maximum penalty. 
 
The contraband statute requires that a person to knowingly possess the contraband, which means it would be a valid legal defense to argue lack of knowledge.  This requires more than simply saying “I didn’t know I had it”, as we would lay the foundation that an arrest is an extremely stressful situation where tensions are high on all sides.  A person who has a small amount of CDS on his or her person could easily forget during the arrest and subsequent booking.  This defense may be better suited for a jury, but since contraband charges carry more than 90 days in jail a defendant would have a right to request a jury trial under Maryland law.