Rodriquez

Raul Leandro Rodriquez (hereafter “defendant”) was convicted after a jury trial of violating Penal Code, section 4574 (possession of a deadly weapon, to wit, a razor blade, in county jail). 1 He appeals from the judgment (order granting probation).

*393 On April 19, 1974, defendant was in tank 4 of the Riverside County jail. He was the sole occupant of his cell, a Danny Carter having moved out two weeks earlier. All of Carter’s belongings had been removed with him. The sides and back of defendant’s cell are solid walls. The top and front of the rectangular cell are open bars. There are two bunks along the long wall. Defendant occupied the lower bunk.

On the 19th the jail staff made a routine search of the facility. Defendant was in the shower. His shower was interrupted and he was taken to another part of the jail, along with the other inmates from tank 4. The officers found three brown paper bags on the top biink of defendant’s cell. These bags are used in the jail to hold personal effects. One of the bags was labeled “Raul.” The bags were standing upright with their tops open.

In one bag, under a stack of envelopes addressed to defendant, was a toothbrush handle. The…