already in prison

My friend is in a california prison and the authorities opened her mail without her being present and now they are saying narcotics were found inside of the package. Can they press charges, or did they violate anything by opening her mail (no search warrants were issued for this package) ?

[loved08]

oh this is a GREAT one!! lol...not sure about california laws but as far as i know. they have the right to open ALL mail entering the jail. if they think she knew or can prove it they CAN charge her for conspiracy to (can't remember how it's put exactly..) something like cons. to sneak narcotics in a federal building. its weird but you can find laws. just search yahoo for mail laws for prisons in cali.
also...if the mail was at her house, etc. this is a FEDERAL CRIME. WITHOUT HER PERMISSION THEY CAN ***NOT*** OPEN HER MAIL. IT'S VERY ILLEGAL. THEY CAN & SHOULD BE SUED. Tell her to hire an attorney. even public defender. they can't just open her mail.
if she didn't know the drugs were coming (she probably did) then they can't charge her. she can't control what people send to HER. only what she SENDS out.

Sorry. After having worked in corrections for many years, I can tell you that they have every right to inspect all mail and packages coming into the facility. Even for staff members. They did not violate any rights. (Convicted persons lose some of their rights for the safety of the facility. Even staff members lose some rights for this same reason.) Expect the person who mailed the package to be indicted for conspiracy (or attempt to) transport a controlled substance into a correctional facility. It is a felony normally punishable by 6 months to 10 years (depending on what substance was transported and the quantity, and what level felony the person is charged with). loved08, this mail was not at her house. It was obviously mail sent to the correctional center. It is legal to open that mail.

Additionally, they can probably tie your friend to the drugs. They monitor incoming and outgoing mail and all phone calls. Those conversations are taped. They will go back and review all conversations and mail to see if anything was mentioned. (Probably was, and that is how they knew to look for the drugs.) If convicted, this felony will be added to her current sentence.