## Facts

- Brenda Jean Ross was arrested for an alleged assault with a knife.
- Officers conducted a pat-down search at the scene but did not find a weapon.
- Ross was transported to the Santa Barbara County Jail.
- Before entry, an officer asked Ross whether she had any weapons or other illegal items; Ross denied having a weapon.
- During a booking search inside the jail, officers found a knife concealed in the inseam of Ross’s undergarments near her left buttocks.
- The knife was alleged to be the same weapon used in the assault.

## Issues

1. Whether Penal Code § 4574(a) applies to an arrestee who is brought into a jail by law enforcement but knowingly possesses a concealed weapon upon entry.
2. Whether an arrestee “brings” a weapon into jail, within the meaning of § 4574(a), when the arrestee denies possessing a weapon after being asked before entry.

## Decision

- The Court of Appeal reversed the superior court’s order setting aside the § 4574(a) count under Penal Code § 995.
- The court held that § 4574(a) applies where an arrestee enters jail while knowingly carrying a concealed weapon and denies possessing it when asked.
- The court reinstated the § 4574(a) charge and remanded for further proceedings.

## Legal Principles

- Penal Code § 4574(a) is interpreted to prevent weapons from entering jails and to reduce the risk of violence inside custodial facilities.
- An arrestee’s custody status does not categorically exempt the arrestee from liability for “bringing” a weapon into jail.
- For purposes of § 4574(a), the relevant “voluntary” conduct may be shown where the arrestee knowingly maintains possession of a concealed weapon and, when given a pre-entry opportunity to surrender it, denies having it and proceeds into the facility.

## Conclusion

The court reinstated a charge for bringing a deadly weapon into jail, holding that an arrestee who knowingly conceals a weapon and denies possessing it before entry can be treated as having brought the weapon into the jail under Penal Code § 4574(a), even though the arrestee’s presence at the jail is compelled by arrest.


People v. Ross, 162 Cal. App. 4th 1184 (Cal. Ct. App. 2008)