The People v. Pinks CA6

I. INTRODUCTION

Male inmates in the Salinas Valley State Prison are expected to disrobe in their cells, bend over, and spread their buttocks at the direction of correctional officers outside their cells. During such a routine search for contraband on December 30, 2010, Correctional Officer Troy Miller noticed some lubricant in the rectal area of defendant Lennox Pinks and a plastic ball protruding from his rectum. Miller handcuffed defendant after having him dress and brought him to a more secure area in a health annex for a further search. Although defendant denied having any contraband on his person, Miller confirmed his observation during a repetition of the earlier examination. On further questioning by Miller, defendant admitted it was drugs and clarified that it was heroin. At Miller’s request, defendant removed a plastic-wrapped bindle and dropped it behind himself. Subsequent analysis by a criminologist confirmed that in defendant’s rectum were four plastic-wrapped bindles of black tar heroin totaling .35 grams in weight. Facing charges of unauthorized possession of heroin in prison (Pen. Code, § 4573.61) with a prior robbery conviction (§ 1170.12), defendant agreed to…