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People v. Ross
California Court of Appeal
162 Cal. App. 4th 1184, 76 Cal. Rptr. 3d 477 (2008)
- Written by Arlyn Katen, JD
Facts
Brenda Jean Ross (defendant) was arrested for assault with a knife, but police did not initially find the knife when they patted her down. Jail personnel asked Ross whether she had a weapon, and she said no. During booking, however, an officer recovered a knife from the inseam of Ross’s underwear. This was allegedly the same knife Ross used in the underlying assault. Ross was charged with bringing a deadly weapon into a jail, but the trial court later dismissed that charge, reasoning that Ross did not voluntarily bring the deadly weapon into the jail because, as an arrestee, she did not voluntarily enter the jail. The government (plaintiff) appealed.
Rule of Law
Issue
Holding and Reasoning (Yegan, J.)
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