Valenzuela
People v. Valenzuela
Opinion
Opinion
Sims, J.
Defendant, an inmate of Folsom prison housed in the maximum security unit on account of his conviction for murder, was found guilty by a jury of possession of a prison-made knife. (Pen. Code, § 4502.) The knife, which was approximately four and three-fourths inches long, was lodged in defendant’s lower colon. Its presence was revealed by an X-ray taken after defendant activated a walk-through metal detector during a “shakedown” search of the maximum security unit.
On appeal, defendant contends the judgment must be reversed because the prosecution failed to justify the warrantless search of his person with the metal detector and because the trial court ordered physical restraints for defense witnesses from the maximum security unit of Folsom prison when they testified. We shall affirm.
Discussion
I
Defendant’s motion to suppress the knife as evidence (Pen. Code, § 1538.5) was denied by the superior court, which noted that probable cause is not necessary for a prison security search. Defendant’s claim is that the prosecution failed to show the initial metal detector search was justified under the circumstances and that the court failed to balance the need for the…