Probable cause/Paraphernalia
What must officers be able to observe when coming across an intoxicated suspect?
Their behavior/symptoms
when has a person committed the crime of Possession of a Controlled Substance for Sale
Every person who possesses or purchases a controlled substance for sale or for purpose of sale has committed a crime.
To arrest, Crime Elements must include:
Actual control or constructive possession
Specific intent to transport, sell, furnish, or offer
Any amount (i.e., usable quantity)
What's the classification for Possession of a controlled substance?
A felony level offense that is punishable by up to three years in prison.
No person should use or be under the influence of certain substance unless....
a person licensed by the state to dispense, prescribe, or manages controlled substances.
What are 4 examples of intoxicated behavior?
Hyperactivity, Impaired gait, Blank stare, and Paranoia
Crime elements for Possession of a Controlled Substance for Sale
Actual control or constructive possession
Specific intent to sell
Any amount available for sale
What is a false compartment?
any box, container, space or enclosure intended or designed to conceal any controlled substance within or attached to a vehicle
Whats a control or constructive control ?
- a person shows ownership of a controlled substance or object
-actual physical possession
- fingerprints
-presence in house, vehicle, purse, etc
Affects for someone that is Under the influence on using drugs?
substance is affecting the central nervous system, brain, muscles, or other parts of that person’s body or if the substance is creating an abnormal mental or physical condition.
What are 4 symptoms of an intoxicated person?
Constant scratching, Loud slurring, Pupil size and rate, and Dry mouth
How do you know a controlled substance is meant for sale?
Observation of subject’s movements, behaviors, characteristics, associates, etc.
Evidence like packaging, scales, calculator, notebook, etc.
Any amount available for sale
Possession of a false compartment occurs when:
Any person possesses, uses, or controls a false compartment
Intent to store, conceal, smuggle, or transport a controlled substance
what is "supporting an arrest" in possession of a controlled substance?
- Statement from the subject
-drug residue in clothing
-user paraphernalia
- objective signs and symptoms of drug use
Using?
suspect had recently used substance
Covered under what Health and Safety Code Section is Drug paraphernalia based upon? AND what is it classified as?
Section 11364 and it is classified as a misdemeanor
A person was caught in possession of a controlled substance for recreational use. Are they responsible of possession of a controlled substance for sale
No
What is the code section for transporting/selling/furnishing, etc., of a controlled substance
11366.8 (wobbler)
Possession?
is the act of having or taking control of something
Crime elements for being under the influence of a controlled substance?
• knowledge of its presence
• control or willfully takes into his or her body a controlled substance
• specific intent to inhale, inject, ingest, etc., a controlled substance
What is Paraphernalia???
Paraphernalia is any equipment that may be used in consuming a controlled substance
what is the classification and code section for Possession for sale of specified prescription drugs (Valium, Lorazepam, etc.)
Wobbler
11375
Peace officers must become familiar with the following (only 2):
Intent to transport- specifically involves a vehicle, motorized scooter, or other forms of transportation
Vehicle registration
Crime Elements for possession of a controlled substance?
-Actual control or constructive possession
-any amount
Being Under The Influence Of A Controlled Substance is classified as a...
Misdemeanor