P.

FACTS

Current Offense

Defendant was an inmate at Folsom State Prison following his conviction for robbery.

He and his cellmate were housed on the fifth floor. About 4:00 a.m. on May 26, 2010, three

members of the prison‟s Investigative Services Unit--Snyder, Carrillo, and Guzman--contacted

defendant to conduct a search of his cell. They ordered both inmates out of the cell and handcuffed them. They then conducted a patdown search over the inmates‟ clothing and found

no contraband.

Guzman and Carrillo escorted the two inmates to the first tier to conduct an unclothed

search. Guzman searched defendant‟s cellmate and could not see Carrillo or defendant during

this search. Carrillo searched defendant. Carrillo removed defendant‟s handcuffs and ordered

him to put his hands on his head and face Carrillo. Carrillo then directed defendant to hand him

one piece of clothing at a time. Defendant was compliant and calm during the search; he made

no furtive movements.

After defendant removed his last piece of clothing, Carrillo asked him to open his mouth.

Defendant then turned and ran down the tier toward the shower area. Carrillo and Snyder chased

after him. Just before…