People v. Rojas CA1/3

BACKGROUND

Rojas is an inmate at the Pelican Bay State Prison, where he is serving a lengthy sentence for various offenses, including assault with a deadly weapon committed by a prisoner with an enhancement for great bodily injury. (Pen. Code, §§ 4501, 12022.7.) In June 2022, correctional officers conducted a random search of a “day room,” a recreational area for inmates. During such a search, inmates are ordered to lie on the ground and are systematically taken, a couple at a time,

1 to be searched in another room. Once searched, inmates are placed in a concrete yard until remaining inmates can be searched. Approximately 15 to 20 officers, including Officer Daniel Forkner, participated in the search. Upon entering the day room, Forkner noticed an “inmate-manufactured weapon” — “rolled plastic sharpened to a point on one end and a handle on the other end with a string attached” — on the floor. He motioned to Officer Alma Garza, who was recording the search, and had her record him picking up the weapon so they would know its exact location.1 When reviewing the footage, Forkner saw an inmate “reach into his waistband” and retrieve the weapon. The inmate — whom Forkner did not…