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 prohibited. In fact, when told of the discovery, defendant stated “It took you guys long enough.  That stuff’s been in there for about a year.” 

Comment:   Common sense case for those working in the correctional setting!