Hsc Section 481 Case Study

POSS. OF CONTROLLED SUBSTANCE HSC Sec. 481.115-481.118.
Elements
Intentionally and knowingly possess a controlled substance, namely Methamphetamine (speed), in an amount of more than 400 grams.
Necessary details
• Controlled substance and substance capsuling machine was located on kitchen table.
• Officer Reed made his way through the house after arrest to lock and secure door in which he saw the controlled substance and capsuling machine in plain view on the kitchen table.
• Defendant(Mr. Brown) claims to have told Officer Reed to not lock the back door and that he did not give Officer Reed his consent to search his home.
• The controlled substance was in the home of the defendant (Mr. Brown), former arrest for usage of controlled substances.

Brown) was apprehended in the living room of his residence and the controlled substance was down the hall, on the left, and in the kitchen.
• Defendant (Mr. Brown) was the owner of the premises in which he was apprehended and where the controlled substance was located.
• The controlled substance was in plain view on the kitchen table of defendant (Mr. Brown’s) residence. Not in plain view of where the defendant (Mr. Brown) was detained.
• No controlled substance odor was noted in the home.
• The defendant (Mr. Brown) was not under the influence of a controlled substance but I (Officer Reed) noticed strange behavior of the defendant (Mr. Brown).
• Upon opening the door to his home the defendant (Mr. Brown) fled from the front door in which Officer Reed and Officer Malloy pursued the defendant (Mr. Brown).
• The controlled substance was located inside of baggies on the kitchen table.
• The weight of the controlled substance was 1360.8 grams.
• Wednesday, February 1, 2017 at 1p.m. at the location of 123 Jones Street, Los Angeles California.
• CCP Art. 38.22 legal warning were given to the defendant (Mr. Brown).
• Defendant (Mr. Brown) understood the

Officer Reed and Officer Malloy arrived at the home of Mr. James Brown on 123 Jones Street, Los Angeles. Officers were dispatched there to serve a traffic warrant to Mr. Brown for failing to show in court for traffic violations.
Officer Reed and Officer Malloy approached the door of the home and knocked in which case Mr. Brown opened the door and fled towards the back of his home to evade his arrest. Officer Reed and Officer Malloy pursued Mr. Brown into his home where they made the arrest in Mr. Brown’s living room. After detaining Mr. Brown, Officer Reed stated what the warrant was for, Mr. Brown then stated, “you mean all this is over is a lousy traffic ticket!?”, It was then that Officer Reed and Officer Malloy had reasonable suspicion that Mr. Brown was evading arrest for a reason other than the traffic warrant.
Once in custody Officer Malloy escorted Mr. Brown outside of his home. Officer Reed was on the porch of the home when deciding to go and make sure the doors of the home were locked since Mr. Brown would not be present to watch over his property. Officer Reed made his way through the living room, down the hall, and turned left into the kitchen of Mr. Brown’s home. After locking the back door Office Reed saw controlled substances and a capsuling device located on the kitchen counter which led Officer Reed to believing this was a drug manufacturing operation ran by Mr. Brown. Officer Reed immediately withdrew from the residence