Supreme Court of California

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People v. Low, S151961

Conviction of defendant for violating Penal Code section 4573, which makes it a felony for any person to knowingly bring into any state prison or into any county jail any controlled substance, is affirmed where: 1) section 4573 applies to someone who is arrested and brought into jail, and who is found to possess a controlled substance during the booking process; and 2) enforcement of section 4573 does not violate the Fifth Amendment ban on the criminal use of compelled incriminating testimony as the statute does not coerce anyone to admit guilt of any crime or punish them for failing to do so.

Appellate Information

  • Decided 06/24/2010
  • Published 06/24/2010

Judges

  • BAXTER, J.

Court

  • Supreme Court of California

Counsel

  • For Appellees:
  • Matthew A. Siroka, under appointment by the Supreme Court, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler, Assistant Attorney General, Catherine A. Rivlin, Laurence K. Sullivan, René A. Chacón and Arthur P. Beever, Deputy Attorneys General, for Plaintiff and Respondent.