Los Angeles Criminal Defense Lawyer Blog

In a new ruling in an Arizona case, the U.S. Supreme Court has called a halt to what some justices called 28 years of unconstitutional police search and seizure practices in the U.S. In a 5-4 ruling, the court ruled that once a suspect has been handcuffed or placed in a police cruiser, police cannot search the passenger compartments of the suspect's vehicle without a warrant. The court ruled that the only instances in which a vehicle can be searched without a warrant are:

• If the officer has reason to believe that the suspect might destroy evidence or reach for a weapon.


• If the officer has reason to suspect that the vehicle contains evidence of the offense that precipitated the arrest.


• If there is probable cause for a search, such as the smell of marijuana or alcohol or visible contraband.

Law enforcement officers have termed the Supreme Court's decision one of the biggest legal turnarounds in years. Police officers in Los Angeles and across the country will no longer be able to stop a motorist for a misdemeanor driving offense such as license suspension, arrest the motorist briefly and then search his vehicle, and then release him with a court summons. The Supreme Court ruling does not prevent police officers from searching a vehicle for weapons if police believe the suspect to be dangerous, nor does the new ruling apply to vehicles impounded after a driver's arrest.

The American Civil Liberties Union said the Supreme Court's 1981 landmark vehicle search ruling had for years been abused by law enforcement officers well beyond the limits placed by the Fourth Amendment. The majority of Supreme Court justices agreed, saying that the new ruling was needed to rein in unjust searches and seizures and remind law enforcement officers of privacy rights that limit searches. There is some concern within the law enforcement community that the new ruling will impede drug arrests made during traffic stops.

If you are stopped by Los Angeles Police Department or California law enforcement officers and feel that your vehicle has been unjustly searched or your property unjustly seized, contact the expert criminal defense attorneys at Rodriguez, Lewis & Kahn to arrange a free consultation to review the facts of your case. The new Supreme Court ruling reinstates the Constitutional rights of individual citizens to be free of unjust police search and seizure. You can count on the experienced criminal defense lawyers at Rodriguez, Lewis & Kahn to protect your rights.

In California, most drug crimes are charged and prosecuted as felonies (see our Nov. 21 post). Conviction carries stiff legal penalties, often including prison time, high fines, confiscation of assets, loss of driver's license and registration as a narcotics offender. Repeat convictions can result in even more severe penalties and lengthy mandatory sentences through California's Three Strikes Law.

Prior convictions, the type and quantity of the drugs involved and whether they were for sale or personal use affect how the crime is charged and punished. A few drug crimes are charged as misdemeanors such as possession of marijuana (cannabis), being under the influence of a drug and possession of drug-related items, or paraphernalia, such as pipes, bongs, etc. Nearly all other drug crimes are charged as felonies.

To convict for possession of drugs, the prosecution must prove that you knew about and controlled the drug in question. Even if drugs aren't found on you when you are arrested, you can still be convicted of a drug possession if drugs are found in your car, house or purse. Likewise, to convict of selling drugs or trafficking in drugs, the prosecutor does not need actual proof of a drug sale to convict. He need only prove intent to sell as evidenced by the presence of drug packaging in small bundles, weighing scales, cutting agents, fortified windows, or conversations with police informants, undercover officers or wiretapped conversations.

The main components that determine the severity and length of drug crime sentences are:

• Base term: Pre-determined minimum sentences set by law. For example, the base term for selling marijuana is 2 to 4 years. This means that, if convicted, you will be sentenced to serve a minimum of 2 years in jail.


• Conduct enhancements: Penalty increases for selling drugs under certain circumstances or to certain groups. For example, selling drugs near a school or to children under the age of 18 carries additional, more onerous penalties.


• Status enhancements: These relate to your personal legal status. Prior convictions and crimes committed while out on bail increase sentencing penalties.

In representing you against a drug crime, an experienced criminal defense attorney will look at how evidence against you was obtained. Your constitutional rights protect you from illegal search and seizure. Evidence illegally obtained cannot be used against you. A criminal defense lawyer experienced in defending drug crimes will challenge the way evidence against you was obtained. Success in this very technical area of law requires considerable experience and an astute knowledge of California law. If your attorney's challenge is successful, damaging evidence against you will be suppressed and the case may even be dismissed.

Next time: Alternative sentencing options

In what could become a new legal hurdle for those accused of drug crimes, the U.S. Supreme Court has agreed to hear a case involving the use of a cell phone to purchase drugs. The ultimate court of appeals, the U.S. Supreme Court will decide whether someone who uses his own cell phone to buy small amounts of cocaine for his own use is guilty of a felony. The law in question says that using a phone to facilitate a felony is itself a serious crime. At issue is whether the law should apply only to drug sellers or to drug users as well.

In California, both the sale and possession of drugs or controlled substances are illegal. Controlled substances include narcotics, stimulants, opiates, depressants, hallucinogens and anabolic steroids. Possession of any of these drugs without a valid prescription is a crime. California drug offenses fall into four main categories:

• Possession of drugs for personal use which includes being under the influence of drugs. You can also be charged for the possession of drug-related paraphernalia such as pipes, bongs, etc.


• Possession of drugs for sale, including the intent to sell as evidenced by the presence of drug packaging, weighing scales, cutting agents, traffic to and from your home, fortified windows, conversations with police informants and undercover officers. Wiretapped phone conversations from landlines, portable phones and cell phones can also be used to prove the intent to sell drugs.


• Trafficking in drugs, including the transport, import, purchase or sale of drugs or controlled substances. Aiding, abetting or conspiring with someone to sell or purchase illegal drugs is also illegal.


• Cultivation or manufacture of illegal drugs, including the planting, growing and harvesting of marijuana. Possessing the chemicals necessary to manufacture methamphetamine, rock cocaine or other drugs is also a crime.

With the exception of many marijuana cases, most drug crimes are felonies and carry stiff legal penalties. Conviction of a California drug crime can send you to county jail or state prison. Your car, home and any other assets related to a drug crime can be seized. You can lose your driver's license, be required to pay stiff fines in the tens of thousands of dollars and be ordered to register as a narcotics offender. Charges and punishment generally depend on the type and quantity of the drugs involved, whether they were for sale or personal use, and any prior convictions.

California aggressively prosecutes drug crimes. Repeat offenses can result in severe penalties. Fox example, a second offense for selling narcotics adds a minimum 3 additional years to your sentence. California's Three Strikes Law can result in even longer mandatory sentences.

Next Monday: Defending drug crimes