O'SULLIVAN

Roglan O’Sullivan appeals from her conviction for possession of methamphetamine in a county jail, a violation of Penal Code section 4573.6. The court imposed the 16-month lower term and credited appellant with 182 days for time served.

Appellant contends that the trial court violated her Fifth Amendment privilege against self-incrimination by (1) admitting a statement she made while in custody during a strip search and (2) admitting evidence and allowing comment upon the fact that, aside from her one statement at the time the methamphetamine was discovered, appellant never claimed, prior to testifying at trial, that the container in which the amphetamine was found was not hers. . . .*

We hold that the court did not err in admitting appellant’s spontaneous utterance when an officer searching her property stated, “I think I have something here,” because there was no interrogation or its equivalent. We further hold that after Proposition 8, evidence of appellant’s pre-Miranda silence may be excluded only if application of the exclusionary rule is compelled by federal law. Since the admission of evidence of pre-Miranda silence to rebut a defense claimed for the first time…