Ross

There are dangerous people in county jail. Statutory and decisional law, founded upon sound public policy and common sense, have as their goal the minimization of violence in jail. As we shall explain, the trial court’s order is at variance with this salutary goal. We reverse.

The People appeal from an order setting aside the second count of a two-count information. (Pen. Code, § 995.) The second count charged respondent with bringing a deadly weapon into a jail in violation of section 4574, subdivision (a). The issue is whether the statute applies to an arrested person who “involuntarily” enters a jail. We hold that where, as here, the arrestee lies to law enforcement or correctional officials by denying possession of a weapon and enters the jail, the arrestee has violated section 4574. In such instance, the arrestee voluntarily chooses to enter the jail with the weapon.

Facts

Respondent was arrested for assault with a knife (count 1). The police patted her down, but did not find a weapon. They transported her to the Santa Barbara County Jail.

Upon arriving at the jail, respondent was asked if she had a weapon on her person. The arresting officer, who participated in…