gunsmoker· Lawyer and Gun Activist
There's Caselaw from the Ga. Court of Appeals that says it's correct and valid to charge an arrestee with bringing drugs into jail, though he or she did not willingly go to jail, and was forcibly taken there.Did he knowingly and voluntarily cross the guard line? Did he have the option NOT to cross? Of course not.
... They don't want a court case, they want a plea deal...
The courts have found a duty for a person in possession of drugs at the time of their arrest to disclose them to jail officials upon arrival, and if they don't that's a new crime.
I forget have such courts dance around the difficult topic of self incrimination --forcing people to reveal their possession of contraband without any grant of immunity. I guess it's another one of those "for the good of Public Safety" exceptions.