Don't Bring Drugs into Jail!!!
It might seem obvious, but to knowingly bring a controlled substance into jail as a visitor or inmate is a felony under Penal Code Section 4573. However, this very issue was brought before the California Supreme Court in two decisions this summer.
The facts are essentially the same....each defendant was carrying a small amount of methamphetamine on their person. Each was arrested and patted down by officers, however the officers did not find the dope. During the booking process into jail, each defendant was strip searched and the dope was found. They were then charged with knowingly bringing a controlled substance into jail under PC 4573.
They were tried, convicted then appealed. The issue was the defendants did not "knowingly" bring a controlled substance into jail because they were involuntarily arrested and booked into jail. When each defendant left their home that day they did not "know they were going to jail". Creative argument, but the Cal Supremes did not buy it. They affirmed each conviction, saying that if a defendant is arrrested and booked and dope is found on their person in the jail, they are guilty of "knowingly" bringing a controlled subsance into jail.
So the lesson is......NEVER CONSENT to a search by police officers. However, if you are being searched, either by consent or incident to an arrest and the police do not find any illegal susbstance you might be holding...might as well give it up. Why....because the simple possession of a controlled substance may be a misdemeanor. Bringing a controlles susbstance into a jail is a FELONY.