Those damn white baggies

[NorCalBusa]

It ain't mine, it ain't mine!

Morgan Hill man arrested for fourth DUI since 2000
Bay City News Service
Article Launched: 03/01/2008 06:35:18 AM PST

MORGAN HILL - A Morgan Hill man was arrested Thursday on his fourth drunken driving violation since 2000 and is being held on $110,000 bail, according to the Morgan Hill Police Department.

Police arrested 56-year-old Steve Ariente at about 10 p.m. after noticing his vehicle traveling at a high rate of speed and weaving in and out of a lane of traffic in downtown Morgan Hill, police reported.

Police said that Ariente smelled of alcohol and failed to complete the field sobriety test. He was arrested for driving under the influence and taken to the Police Department.

While Ariente was removing his socks and shoes during the booking process, police said that a baggie of a white powdery substance believed to be cocaine fell out of his pant leg.

Officers determined that Ariente was convicted of two DUIs in 2000 and one in 2004, police reported. Since Thursday's arrest was the fourth DUI within 10 years, Ariente's offense is considered a felony under California Vehicle Code, according to the Police Department.

Ariente was booked into county jail on charges of possession of narcotics and having four or more DUI offenses within 10 years, police said.

[brichter]

Throw away the key, this fool ain't learnin'...

[Iszlandsnow]

It was just sugar he was taking home to his wife. You know how the media exaggerates things.

[}Dragon{]

"But, Officer those aren't my socks..." :laughing

[Nick]

It was just sugar he was taking home to his wife. You know how the media exaggerates things.

You never know... I actually arrested a guy who had a had a small baggie of white powder wrapped up in a cigarette box. The baggie was sealed with a twisty tie. Based on the type of packaging and location of the item, I had probable cause to believe it was a controlled substance.

I asked him what it was before arrest, and he said "Oh, that's just some sugar. My buddy was playing a joke on me, from when we used to do coke in the 80's." Suuuuure buddy....

Well, guess who was telling the truth and got 849(b)(1)'ed... Yep. Dusted him off and sent him on his way. Good thing we didn't tow his ride.

You never know...

[motorman4life]

You never know... I actually arrested a guy who had a had a small baggie of white powder wrapped up in a cigarette box. The baggie was sealed with a twisty tie. Based on the type of packaging and location of the item, I had probable cause to believe it was a controlled substance.

I asked him what it was before arrest, and he said "Oh, that's just some sugar. My buddy was playing a joke on me, from when we used to do coke in the 80's." Suuuuure buddy....

Well, guess who was telling the truth and got 849(b)(1)'ed... Yep. Dusted him off and sent him on his way. Good thing we didn't tow his ride.

You never know...
Yeah, you do know. I have no doubt he was sellin' bunk. The story he told you is pure BS... and you got humbugged, my friend. I have made many, many arrests in cases involving bunk drugs, particularly bunk meth and bunk LSD.

Refer to 11352.1 H&S

At the very least, the packaging would be prosecutable as drug paraphernalia under 11364 H&S.

[Nick]

Paraphernalia refers to anything used to smoke or inject. How can you do 11364 H/S?

And it was more than just my decision. After the arrest, my FTO and I ran it by the drug guys, and an LT, who was a former narc. The LT said we should do the 849 and send it to the lab.

Live and learn...

[motorman4life]

Paraphernalia refers to anything used to smoke or inject. How can you do 11364 H/S?
It also applies to packaging materials.

[Nick]

It also applies to packaging materials.

Good knowledge! Thanks. :thumbup

EDIT: Is there case law that extends this to packaging material? I just looked up the H&S section.

__________________________________________________ _____________________

11364 H&S

(a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (2) of subdivision (d) of Section 11055, or (2) a controlled substance which is a narcotic drug classified in Schedule III, IV, or V.

(b) This section shall not apply to hypodermic needles or syringes that have been containerized for safe disposal in a container that meets state and federal standards for disposal of sharps waste.

(c) Pursuant to authorization by a county, with respect to all of the territory within the county, or a city, with respect to the territory within in the city, for the period commencing January 1, 2005, and ending December 31, 2010, subdivision (a) shall not apply to the possession solely for personal use of 10 or fewer hypodermic needles or syringes if acquired from an authorized source.
__________________________________________________ _______________

[motorman4life]

H&S §11364.5 provides a detailed list/definition of drug paraphernalia that is commonly used in all drug paraphernalia cases as it is likely the best single list of paraphernalia we have codified. I know it says, "as used in this section" but it is applied to the preceeding section too, since it is the de-facto definition in the H&S code.
Refer to http://www.canorml.org/laws/hsc11364.html for more detail..

refer to sub (d).. actually (d) and (d)(9) and (d)(10) as well as sub (e).

(d) As used in this section, "drug paraphernalia' means all equipment, products, and materials of any kind which are intended for use or designed for uses in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. "Drug paraphernalia" includes but is not limited to, all of the following:

(9) Capsules, balloons, envelopes, and other containers intended for use or designed for use in packaging small quantities of controlled substances.

(10) Containers and other objects intended for use or designed for else in storing or concealing controlled substances.

(e) In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following:

Statements by an owner or by anyone in control of the object concerning its use.

Prior convictions, if any, of an owners or of anyone in control of the object, under any state or federal law relating to any controlled substance.

Direct or circumstantial evident of the intent of the owner, or of anyone in control of the object, to deliver it to persons whom he or she knows. or should reasonably know, intend to us the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of the object, as a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.

[beaker]

Ah, Chicago.

Tiny plastic bags used to sell small quantities of heroin, crack cocaine, marijuana and other drugs would be banned in Chicago, under a crackdown advanced Tuesday by a City Council committee.

Ald. Robert Fioretti (2nd) persuaded the Health Committee to ban possession of "self-sealing plastic bags under two inches in either height or width," after picking up 15 of the bags on a recent Sunday afternoon stroll through a West Side park.



http://www.suntimes.com/news/metro/826059,CST-NWS-bagban05.article

[kiltwearinfool]

sounds like the alderman finally found hisself a real job.

[Nick]

<snippers>

Excellent. I'd give your reputation points, but the system won't let me. :cool

[bb sue]

Ah, Chicago.

Tiny plastic bags used to sell small quantities of heroin, crack cocaine, marijuana and other drugs would be banned in Chicago, under a crackdown advanced Tuesday by a City Council committee.

Ald. Robert Fioretti (2nd) persuaded the Health Committee to ban possession of "self-sealing plastic bags under two inches in either height or width," after picking up 15 of the bags on a recent Sunday afternoon stroll through a West Side park.


Um... someone should tell him, those aren't paraphanalia, those are Condoms for Scumballs, Tweakers, et al.

At 2x2... those would be the "extra large" variety...

[}Dragon{]

Um... someone should tell him, those aren't paraphanalia, those are Condoms for Scumballs, Tweakers, et al.

At 2x2... those would be the "extra large" variety...

The clowns will just go back to using balloons...

http://www.1800greatad.com/images/Custom%20Shapes/clown-new.jpg

[kiltwearinfool]

Excellent. I'd give your reputation points, but the system won't let me. :cool

I repped him for you, fanboi.