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CA Health and Safety 11532

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billygiorgi

Junior Member
CALIFORNIA- ORANGE COUNTY

I was recently cited for a violation of California's Health and Safety Code 11532 (loitering with intent to purchase narcotics). This violation is apparantly a misdemeaner. I pulled into a shopping center parking lot in a questionable part of town in Santa Ana, CA to look for a restroom. I got out of my car and started to walk across the parking lot towards a market, when a police officer pulled up and waved me over to him. Without thinking twice, I walked over to the officer to see what he needed. He got out of the car, turned me around, handcuffed me, and searched me without giving me a reason why. I had no money, wallet, or anything AT ALL in my pockets. After 30 minutes of harassing me and trying to get me to "confess" he released me and cited me for a violation of California's Health and Safety Code 11532. My question is: What are the possible punishments for this violation? And is there a possible defense?
 


asiny

Senior Member
After reading the code nothing in there relates to what you could possibly be charged with - although it does have a caveat that the list of requirements to be charged with the misdemeanour is a 'non-exclusive' list.

Can you give more detail of the circumstances? Were you circling the area in your car? Was there anything in your driving that may have attracted the attention of the police? What exactly happened after you exited your car? Where they any people loitering around the market? What time of day was this? What exactly did the officer say from calling you over to letting you go?
 

billygiorgi

Junior Member
I was with my grandfather. He was waiting in the car. I walked around the corner to look for a restroom and the cop pulled up. He searched me and then told me "he wasn't stupid and he knew what I was doing"... I persisted to tell him I wasn't just using the restroom and my grandfather was in the car. He told me I could call him from jail. He then gavee two options... I could either admit to him I was trying to buy drugs or I could sit in jail all weekend. I finally just told him what he wanted to hear so he would let me go and then he started to write me the citation for loitering with intent. As he was writing the ticket my grandfather came around the corner and was shocked to see me being harassed by the police. The cop pulled my grandfather aside to ask him what we were doing there to see if our stories matched. When the oficer realized our stories matched and saw me looking over he told me to shut up and that he wasn't talking to me. He then told My grandpa that I was buying drugs and he lectures him on supervising me "better". The officer then let me go. My grandfather is just as upset with the police as I was. I know I may have a case... But it the judge believes the cop over me... What are the possible punishments for the charge
 

asiny

Senior Member
I was with my grandfather. He was waiting in the car. I walked around the corner to look for a restroom and the cop pulled up. He searched me and then told me "he wasn't stupid and he knew what I was doing"... I persisted to tell him I wasn't just using the restroom and my grandfather was in the car. He told me I could call him from jail. He then gavee two options... I could either admit to him I was trying to buy drugs or I could sit in jail all weekend. I finally just told him what he wanted to hear so he would let me go and then he started to write me the citation for loitering with intent. As he was writing the ticket my grandfather came around the corner and was shocked to see me being harassed by the police. The cop pulled my grandfather aside to ask him what we were doing there to see if our stories matched. When the oficer realized our stories matched and saw me looking over he told me to shut up and that he wasn't talking to me. He then told My grandpa that I was buying drugs and he lectures him on supervising me "better". The officer then let me go. My grandfather is just as upset with the police as I was. I know I may have a case... But it the judge believes the cop over me... What are the possible punishments for the charge
What exactly did the officer say from the moment you noticed his car?
Another review of the code;
Intent must be determined based on an evaluation of the particular circumstances of each case.
How did the officer determine what your intent was?

The worst thing you could have done - and did do - was admit to it. Your excuse of recanting is that the officer told you he would arrest you? Sadly, if it were me, arrest me officer. And continue to be as polite and courteous as can be.

You do have a case - and even though you have a family member as a witness - either a) speak with the prosecutor and explain the situation. See what happens either/and b) get an attorney.

The officer may have had a reasonable suspicion - based on the area - but to handcuff, search you and then co-erce you to give a false statement is a matter of serious argument.
Quick question - did you have cash on you? if so, how much?
I mean if you had no money on you - or drugs - where would be the intent?

The possible punishments;
CA Penal Code §19
Except in cases where a different punishment is prescribed by
any law of this state, every offense declared to be a misdemeanor is
punishable by imprisonment in the county jail not exceeding six
months, or by fine not exceeding one thousand dollars ($1,000), or by
both.
 

calatty

Senior Member
H&S 11352 prohibits transporting or selling drugs. It is a felony only. It does not prohibit loitering with intent. If you weren't caught with drugs on you or passing drugs to someone, you can't be convicted of this offense. I suspect there is more to this story than you are saying, or you are citing the wrong H&S statute.
 

asiny

Senior Member
H&S 11352 prohibits transporting or selling drugs. It is a felony only. It does not prohibit loitering with intent. If you weren't caught with drugs on you or passing drugs to someone, you can't be convicted of this offense. I suspect there is more to this story than you are saying, or you are citing the wrong H&S statute.
Whilst I agree that there could be more to the story - did you actually read the statute or are you just thinking it does not state about loitering with intent?
Among circumstances that may be considered in determining
whether a person has the requisite intent to engage in drug-related
activity are that the person:
(1) Acts as a "look-out." - nothing about transporting or selling drugs
(2) Transfers small objects or packages for currency in a furtive
fashion.
(3) Tries to conceal himself or herself or any object that
reasonably could be involved in an unlawful drug-related activity.
- nothing about transporting or selling drugs
(4) Uses signals or language indicative of summoning purchasers of
illegal drugs.
(5) Repeatedly beckons to, stops, attempts to stop, or engages in
conversations with passersby, whether on foot or in a motor vehicle,
indicative of summoning purchasers of illegal drugs.
 

calatty

Senior Member
Oops, I was discussing H&S 11352, but the person was arrested for violating H&S 11532. My mistake. Walking to the restroom in a gas station would not violate H&S 11532 either, but again, I suspect either he did more or the officer is claiming he did more than just walk to the restroom to incur this charge.
 

asiny

Senior Member
Oops, I was discussing H&S 11352, but the person was arrested for violating H&S 11532. My mistake. Walking to the restroom in a gas station would not violate H&S 11532 either, but again, I suspect either he did more or the officer is claiming he did more than just walk to the restroom to incur this charge.
From someone who was a Junior just a couple of weeks ago to a Senior - we all make mistakes. There could be something missing in the OP story - but, truth be told, the story could also be truthful.
If I can get arrested for looking anxious as I head to a gas station bathroom, I must really have to go. Would never use one otherwise :D
 

Libertine

Junior Member
Cops Answer to The Beat of their Own Drummer

Nothing surprises me when it comes to the behaviors, actions, of many (not all) law enforcement officers. They know they've got the gun, the creditability, and all the key players on their side. So just a comment guys, when you're in the presence of an officer treat him as if he's an anointed king (he'll even be expecting it). Because in that moment, all our constitutional mumbo-jumbo is just that: lip service; looks good on paper but they've always got the upper hand. Period. (Just ask the six suspended Fullerton officers)

My advise, Just try to keep quiet or always remember: "less is more." And if they start to ask questions or you really don't feel comfortable answering, just pull the Miranda card out before they do:

"I have the right to remain silent. Anything I say can an will be used against me in a court of Law. I have the right to an attorney...."

You'll have many opportunities to read your own miranda rights because for some odd reason, alot of cops wait until after all their questioning is over to read you your rights)...

If things continue to escelate hope that there are witnessess present and PRAY one of them is recording it all on their phone/camera. Otherwise, good luck taken' down The King!

Disclaimer: I understand the pressures and challenges of wearing the badge and having to leave your family every day or night wondering if this will be the last time you'll ever see them again. I get that. I respect people with Honor, Integrity, Courage.... No matter what the profession.... It's those handful of bad cops out there (who write up fake police reports, use excessive force, or lie under oath just to save their ass) that I take issue with.
 

tranquility

Senior Member
My advise, Just try to keep quiet or always remember: "less is more." And if they start to ask questions or you really don't feel comfortable answering, just pull the Miranda card out before they do:

"I have the right to remain silent. Anything I say can an will be used against me in a court of Law. I have the right to an attorney...."
I agree with the first part, the remaining silent. This cannot be used against you. However, a premature invocation of Miranda rights (aka anticipatory invocation.) is not recognized by the courts as being valid.

The person should remain silent. A statement to invoke prematurely can be used against the suspect in certain circumstances. Once in custody and interrogation begins (or Miranda rights read), THEN one should invoke. The best way to invoke is to ask for an attorney before further questioning.

You'll have many opportunities to read your own miranda rights because for some odd reason, alot of cops wait until after all their questioning is over to read you your rights)...
Miranda tactics are reduced from the 70's and 80's as the decision matures. Softening up a person used to be fairly common tactics where they police got the confession without Miranda and THEN read the waivers to the suspect. Since he already made inculpatory statements, the suspect waives and makes the statement AGAIN. (This one gets in.) This and related tactics have been limited or eliminated by the courts.
 

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