Supreme Court of California

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People v. Gastello, S153170

Court of Appeal's reversal of defendant's conviction under section 4573, which makes it a felony for any person to knowingly bring a controlled substance into a custodial setting, is reversed where: 1) the statute applies to someone who has a controlled substance in his possession when arrested for another crime, and who knowingly and voluntarily brings the drugs into jail when booked pursuant to that arrest; and 2) violation of section 4573 does not involve compelled self-incriminating "testimony," but rather the nontestimonial act of knowingly bringing drugs into a correctional facility.

Appellate Information

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


  • BAXTER, J.


  • Supreme Court of California


  • For Appellees:
  • LinnĂ©a M. Johnson, under appointment by the Supreme Court, and Janice Wellborn, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Locker and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Janet Neeley, Brian Alvarez and Kathleen A. McKenna, Deputy Attorneys General, for Plaintiff and Respondent.