P.
P. v. Stopani CA5
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY
Defendant was an inmate at the Substance Abuse Treatment Facility at the state prison in Corcoran. Defendant was housed in a unit that consisted of a day room, a toilet room, and three dormitory rooms, all of which were overseen from an office separated from the unit by a wall with large windows. Defendant was confined to a wheelchair. On June 28, 2011, Corrections Officer Tim Price announced from the office, over the loudspeakers, that there would be a search of the unit; he instructed all the inmates to return to their assigned dormitories. As inmates were complying, Price and his partner, Jesse Lopez, Jr., also in the office, saw defendant wheel himself from his dormitory to the toilet. There, defendant stopped at a covered trash can, and the officers saw him pull an unidentified object from between his legs and deposit it into the trash can. Lopez told Price to continue to watch defendant, and Lopez went to the trash can. He found that the trash can was empty except for a homemade knife lying at the bottom. Defendant was charged with violation of Penal Code section 4502, subdivision (a), possession of a weapon by a prisoner. The information also…