Low

Defendant Tony Richard Low, a convicted felon with a long criminal record, was arrested while driving a stolen vehicle. He received and waived his Miranda rights, denied any wrongdoing, and underwent a patdown search before being taken into custody. No contraband or weapons were found.

Outside the entrance to the jail, the arresting officer told defendant that it was illegal to bring a controlled substance into the facility. Defendant denied having any drugs in his possession. He was brought inside and searched as part of the booking process. Despite his contrary assurance, defendant was found in the possession of a small packet of methamphetamine. It was tucked into his sock.

A jury convicted defendant of unlawfully driving or taking a vehicle—the crime that triggered his arrest—and of violating Penal Code section 4573. As pertinent here, the latter statute makes it a felony for “any person” to “knowingly bring[] . . . into . . . any state prison ... or into any county . . . jail . . . any controlled substance” without legal authority or official permission to do so.

Defendant argues here, as he did in both the trial and appellate courts, that section 4573 does not…