The People, Plaintiff and Respondent v. Tommy Gastello, Defendant and Appellant

Summary

The court held that a person who knowingly enters a jail while possessing a controlled substance can violate Penal Code section 4573 even when brought there involuntarily after an arrest. The statute requires knowledge of possession, not a separate intent to enter the jail or smuggle drugs, and prosecution does not violate the Fifth Amendment because bringing the drugs inside is a nontestimonial act. The court reversed the Court of Appeal insofar as it invalidated the section 4573 conviction and affirmed the judgment in all other respects.