In-custody offenses: Difference between revisions
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==Penal code section 4502(a) and (b) Weapons and weapons stock== | |||
''People v. Custodio'' (1999) 73 Cal.App.4th 807 | |||
"For example, the person would understand that section 4502, subdivision (a) does not apply to a sharpened pencil—which ordinarily is used for a legitimate and necessary purpose—unless the inmate uses the pencil as a weapon." (''People v. Custodio'' (1999) 73 Cal.App.4th 807, 812.) | |||
By prohibiting prison inmates from possessing any instrument or weapon of the kind specified in the statute, section 4502, subdivision (a) is intended to protect inmates and correctional staff “from the peril of assaults with dangerous weapons by armed prisoners[.]” (People v. Wells (1945) 68 Cal.App.2d 476, 481, 156 P.2d 979.) It applies to instruments that can be used to inflict injury and that are not necessary for an inmate to have in the inmate's possession. (People v. Morales, supra, 252 Cal.App.2d at p. 541, 60 Cal.Rptr. 671.) | |||
==Penal Code section 4573== | ==Penal Code section 4573== | ||
*People v. Gastello (2010) 49 Cal.4th 395 | *People v. Gastello (2010) 49 Cal.4th 395 | ||
Revision as of 03:47, 24 May 2022
Penal code section 4502(a) and (b) Weapons and weapons stock
People v. Custodio (1999) 73 Cal.App.4th 807
"For example, the person would understand that section 4502, subdivision (a) does not apply to a sharpened pencil—which ordinarily is used for a legitimate and necessary purpose—unless the inmate uses the pencil as a weapon." (People v. Custodio (1999) 73 Cal.App.4th 807, 812.)
By prohibiting prison inmates from possessing any instrument or weapon of the kind specified in the statute, section 4502, subdivision (a) is intended to protect inmates and correctional staff “from the peril of assaults with dangerous weapons by armed prisoners[.]” (People v. Wells (1945) 68 Cal.App.2d 476, 481, 156 P.2d 979.) It applies to instruments that can be used to inflict injury and that are not necessary for an inmate to have in the inmate's possession. (People v. Morales, supra, 252 Cal.App.2d at p. 541, 60 Cal.Rptr. 671.)
Penal Code section 4573
- People v. Gastello (2010) 49 Cal.4th 395
- People v. Low (2010) 49 Cal.4th 372
Penal Code section 4574
- People v. Ross (2008) 162 Cal.App.4th 1184