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Inmate mail to attorney is protected, court rules
By tucson.com- Howard Fischer
Published: 08/13/2014

PHOENIX — State prison officials have no right to read mail sent by inmates to their attorneys, a federal appeals court ruled Monday.

In a divided decision, the 9th U.S. Circuit Court of Appeals rejected arguments by the state Department of Corrections that they are entitled to read all mail — including legal correspondence — to ensure it does not contain any contraband.

The court said that can be done simply for outgoing mail by scanning the mail before an inmate seals it, and for incoming mail by having a prison guard do the same, in front of the inmate, before handing over the letter.

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