By Ray Hill 
Professor Emeritus, Santa Rosa Junior College 

The Wording Prohibiting Possessing a “Sharp Instrument” in the Correctional Setting is not Unconstitutionally Vague (4502 P.C.) 

Facts:
Defendant was an inmate in the California Men’s Colony, San Luis Obispo. A search of his cell recovered a 14” X 1”, non-flexible piece of plastic sharpened to a point. Defendant was charged and convicted of Possessing a “Sharp Instrument” under 4502 P.C. This was his 3rd Strike and he was sentenced to 25-years to life. 

 He appealed his conviction contending the statute wording is unconstitutionally vague. A “sharp instrument” is not specifically defined or described in the statute and these words could have numerous meanings in common usage.  

Held: 
2DCA ruled the wording in 4502 P.C. was not unconstitutionally vague on its face. Although a “sharp instrument” is not defined, the statute provides sufficient notice that a sharpened plastic object resembling a knife is prohibited. A reasonable person would understand that such an object is capable of inflicting injury and presents a danger to other inmates and staff (in the court’s words - "This is a lethal weapon”). The fact the object was concealed showed defendant knew such possession was ....