People v. Hayes CA1/1

I.

FACTS

The incident giving rise to Hayes’s conviction took place on June 4, 2013, at the Humboldt County Correctional Facility where Hayes was an inmate. Sherriff’s Deputy John Craig testified that he was looking through a window and saw Hayes sitting on the floor of the recreation yard. Deputy Craig was about 70 feet away from Hayes, and Hayes was about 10 feet away from a group of inmates playing basketball. Hayes had his back to the wall and was fiddling with something in his lap. Deputy Craig entered the yard to investigate. As he approached, Hayes placed something behind his back. Deputy Craig instructed Hayes to stand up, and Hayes complied but asked, “What?” Deputy Craig noticed a crumpled piece of paper behind 1 The charge was brought under Penal Code section 4573.6.

1 Hayes. No other debris was in the area. Deputy Craig believed that the paper was a page out of a jail bible, and he knew these pages were sometimes used by inmates to roll, light, and smoke “whatever they have.” Deputy Craig found a substance in the paper about the size of a pencil eraser. He believed it was marijuana based on the smell and “look of it.” He testified that he was familiar with marijuana…