California Criminal Defense Blog

Does a defendant have a reasonable expectation of privacy in the home of a friend? Not if he’s only in that home as a means to evade cops, according to the California Court of Appeal, First Appellate District in a recent decision dealing with Fourth Amendment California search and seizure law.

The case of People v. Magee arose after cops spotted what they thought was a drug deal taking place in a well-known narcotics trafficking area of Vallejo. Officers pursued the suspect, who ran into a nearby home owned by his friend. Without a warrant, officers chased the defendant into a locked bathroom in the home, where they allegedly saw him flush what appeared to be cocaine down the toilet.

He was charged with possession of cocaine base for sale among other offenses.

The trial court suppressed the evidence from the locked bathroom, but the Court of Appeal reversed. The justices reasoned that under Fourth Amendment California search and seizure law “social guests” enjoy a reasonable expectation of privacy in homes where they are guests, but only when the purpose of the visit is in fact socializing.

“Although a regular guest such as defendant may well have a legitimate expectation of privacy during a social visit,” the court wrote, “that does not mean that society is prepared to recognize as reasonable the privacy expectation defendant claims here: an expectation that his ongoing social relationship with the residents of the Mark Avenue house meant that he could use the house as a sanctuary to escape contact with the police.”

The state high court also had occasion to look at Fourth Amendment California search and seizure law recently. In People v. Troyer, the California Supreme Court held that cops could search a locked bedroom under the “emergency aid” exception for warrantless searches when they had been summoned by a 911 call to that residence on the grounds of a possible shooting (even when a victim on the porch informed the officers that the perpetrator had already fled the scene).

Earlier this month, we reported that Jason Davis, alumni of “Celebrity Rehab with Dr. Drew” and grandson to the oil mogul and philanthropist Marvin Davis, was arrested for drug possession in Newport Beach, California.

The Orange County D.A.’s office has now officially charged Davis with felony heroin possession, being under the influence of a drug and possession of drug paraphernalia.

The felony drug possession charge carries up to three years of California state prison time. The remaining charges of being “under the influence” and possessing drug paraphernalia are both misdemeanors. The “under the influence” charge carries up to one year in a county jail. The paraphernalia charge subjects Davis to a possible additional six months in jail.

Perhaps the easiest of these charges to prove is the under the influence charge. This is because even though drug possession seems pretty straight forward, it isn’t. There are a number of defenses that a skilled California drug crimes defense attorney could present that refute the fact that the seized drugs were actually “possessed” by Davis. The same goes for the paraphernalia charge.

However, all that the D.A. needs to prove in order to convict Davis of being the under the influence is that he was under the influence of a drug in some detectable manner…a definition that isn’t difficult to establish.

This is why it is critical for anyone facing California drug charges to consult with a local attorney who is experienced in this very specific area of the law. Only he/she will know the most effective legal defenses to present…as well as the most persuasive manner in which to present them.

Ketamine is an illegal controlled substance. This means that its possession and use is strictly limited and regulated. However, ketamine is extremely popular as a “club drug” which means that it is frequently used by people attending concerts, raves, and other similar venues because of its psychedelic effects. But because ketamine is illegal, in order to obtain the drug, people must do so illegally. As a result, possessing and/or selling ketamine in California often involves being charged with additional offenses.

For example, possessing ketamine in order to sell it can lead to “possession for sales charges”. Actually selling…or even giving…ketamine to another person subjects you to more serious sales charges. Obtaining ketamine…which, by the way, is an animal tranquilizer…is typically achieved by stealing it from veterinarian offices. This subjects you to potential burglary and theft charges.

Fortunately, there are legal defenses to all California ketamine-related charges that a skilled California drug crimes defense attorney can present on your behalf. If you find yourself charged with possessing and/or selling ketamine in California…or of any additional ketamine-related offenses…be sure to consult with a qualified attorney as soon as possible.

The National Institute of Drug Abuse is funding a study where scientists from Scripps Research Institute in California (as well as Cornell Medical College) are testing a vaccine that could possibly curb cravings for cocaine. They administered mice with a viral cocktail that mimics cocaine, which resulted in the mice sustaining an enduring anti-cocaine immunity. The drug has yet to be tested on humans, but scientists speculate that it could help people beat their cocaine addictions.

Cocaine is a heavily abused controlled substance in both California and Nevada. Nevada receives cocaine primarily through ground transportation from California. Penalties for violating Nevada cocaine possession law are potentially even harsher than cocaine possession in California.

Nevada cocaine possession law makes it a category E felony to possess cocaine for personal use. Possible penalties for violating Nevada cocaine possession law include one-to-four years in prison, whereas the maximum time is three years in California. However, both California and Nevada courts usually allow first-timers to complete a drug diversion program in lieu of prison.

For more on this story go to: http://www.medicalnewstoday.com/articles/212870.php