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People v. Gastello

California Court of Appeal

57 Cal. Rptr. 3d 293 (2007)

Facts

Tommy Gastello (defendant) was stopped by the police after dark on Thanksgiving night for riding his bicycle without a light on it. The officer who stopped Gastello thought he appeared intoxicated and arrested him on suspicion of being under the influence of a controlled substance. When Gastello was taken to jail and searched, a bag containing methamphetamine was found on his person. Gastello had failed to confess to the police that he had drugs in his possession prior to being searched. Gastello was charged and convicted of possession of a controlled substance and with bringing drugs into a jail. Gastello appealed his conviction for bringing drugs into a jail.

Rule of Law

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Issue

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Holding and Reasoning (Wiseman, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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