While it's normally allowed to set up and use hidden compartments to keep valuables and other goods, it is unlawful to use hidden compartments to hide drugs. Concealing any drug in the false compartments of your car is a serious crime under California laws, and those convicted face severe consequences. In this blog, we delve deeper into what constitutes drug concealment in a false compartment.

Understanding Drug Concealment in a False Compartment Under California Law

The use of false compartments to conceal drugs is prohibited by California HSC 11366.8. This section makes it illegal for people to do two things. To begin with, it is illegal under California HSC 11366.8 (a) to:

  • Have, use, or operate a false compartment, and
  • Have a goal of concealing, storing, transporting, or smuggling drugs inside the compartment

Secondly, it is illegal under HSC 11366.8 (b) for you to:

  • Design, construct, install, alter, or connect a false compartment to your car, and
  • Have the intention of concealing, storing, transporting, or smuggling a controlled drug into it

The term "false compartment" refers to any container, box, enclosure, or space that's been created or intended to conceal any drug within it. False compartments can differ in complexity and size. Some can fit a single object, whereas others could hold several pounds of illicit drugs. Furthermore, the complexity of such a hide would only be determined by the designer's or installer's technical knowledge and creativity.

Fairly basic compartments have a very simple design and require minimal or no vehicle modification. Examples include utilizing the space below the steering wheel's center or removing a portion of the back bumper and installing a cover with hinges. More complex hides appear natural as parts of the car to make it more difficult for law officers to find them.

It's worth noting that multiple people could have custody of a false compartment simultaneously, and an accused doesn't have to touch the false or fake compartment to have control of it. Your knowledge of a false compartment in your vehicle is usually proven by implication. However, other evidence of your knowledge could be shown through confessions, fingerprints on the enclosure or a toggle that opens the hidden compartment, or testimony from witnesses who have information about how you use the compartment.

What are the Possible Penalties for Concealing Drugs in a False Compartment

Concealing drugs or controlled substances in a false compartment is considered to be a wobbler. This implies that the lawsuit could be charged as either a misdemeanor or a felony crime. The prosecution makes use of certain criteria, such as the offender's criminal background and the facts of the incident, when considering what degree of charges to pursue. A person who is charged with and found guilty of a misdemeanor offense could face up to one year in prison, as well as hefty court fines.

On the other hand, if a defendant is charged with a felony crime and is found guilty of it, he or she is likely to face a sentence of no more than 3 years in state prison. Building or developing a false compartment to keep drugs or controlled substances is often a felony crime. Those found guilty could face up to 3 years in prison.

Following a conviction for HS 11366.8, a probation term without serving jail time could be imposed. Each case under HSC 11368.8 (a) has its own set of facts that back up the charges. As a result, each HSC 11368.8 (a) case is unique, and the consequences will differ. Some probation penalties include a requirement to serve time under house arrest or on work release.

In some situations, the perpetrator could be sentenced to an actual jail term, which could be suspended or split with the approval of the court. Split sentences involve jail terms that are served in two parts: partially in jail and out on house arrest or work release. On the other hand, suspended sentences involve jail terms that the offender doesn't have to serve unless he or she breaks one of the conditions of their out-of-custody punishment.

It is important to note that an HSC 11366.8 (a) violation is not deemed a strike violation under California's Three Strikes Sentencing Statute. However, under HSC 11366.8 (a), possessing a false compartment is considered a moral turpitude offense, which implies that if the offender is convicted, she or he would face negative professional and immigration license consequences.

How to Defend your Charges of Concealing Drugs in a False Compartment

If you are facing accusations of concealing drugs in a false compartment, you could raise a legal defense to challenge the charges. A strong defense can frequently result in charges being lessened or even withdrawn. However, you need to seek legal advice to obtain the best possible defense. HSC 11366 has three prevalent defense strategies. This includes the following:

Forced Confession

This strategy applies when an offender is accused under California HSC 11366.8 as a result of a confession. According to California law, police officers may not employ coercive tactics to get a confession. If one of the parties involved can establish that he or she was coerced into confessing by the law enforcers, the case would be:

  • The confession could be excluded from evidence by the judge, or
  • If the individual was pressured into confessing to an offense that he or she didn't commit, the lawsuit could be dismissed completely.

Entrapment

In most cases involving false compartments and drugs, the accused is often apprehended and charged after an investigation is completed. If an officer entices or lures a person into committing an offense, any subsequent allegations under the provisions of HSC 11366.8 must be dismissed.

In this case, entrapment is the term used to describe the "luring" act. It refers to law enforcement officers' oppressive official behavior, such as harassment, pressure, flattery, threats, or fraud. Entrapment is a legitimate defense strategy that could be applied if the accused can establish that he or she only perpetrated the act as a result of being entrapped.

There is No intent

It's worth noting that a person can only be found guilty under the provisions of HSC 11366.8 if he or she acts with the specific intention of keeping, hiding, transporting, or smuggling a controlled drug. As a result, a defendant's ability to demonstrate that he or she didn't make, attach, or use a false compartment for the required purpose is a solid legal defense. It's possible, for instance, that he or she just built a false compartment to conceal money or other valuable items.

Offenses Related to Concealing Drugs in a False Compartment

There are 3 offenses associated with drug concealment in a false compartment. They are as follows:

Maintaining or Managing a Drug House

California's HSC 11366 makes it illegal to operate or maintain a drug house. In this case, the term "drug house" refers to any location where controlled drugs are illegally sold, given away, or consumed. The prosecution must demonstrate the elements of the offense highlighted below to effectively prosecute you under this provision. The prosecution will have to establish:

  • That you established or kept a location
  • That you had the goal of selling, giving away, or allowing others to consume a controlled drug or substance on a repeated or continuous basis at the same location

A "place" is typically defined as an apartment or house. However, this law also encompasses other structures. A motel room or hotel, for example, can be considered a "place" under this legislation. It's also worth noting that this regulation only applies to people who establish or manage a drug home to give others the option to use illicit substances. Note that this violation does not apply to someone who keeps a space for his or her sole drug activities.

Another important thing to note is that an individual can only be convicted of running a drug house if he or she sells or gives away controlled drugs on a regular or consistent basis. If a provision or sale of a controlled substance or drug was a one-time thing, then you would not have violated these laws.

Possession For the Sale of Drugs

California's HSC 11351 is among the numerous statutes that prohibit drug possession with the intent to supply or distribute. Acquiring or possessing certain prohibited drugs or other controlled substances for distribution or sale is punishable by law.

In this context, the term "controlled substance" is defined as a chemical or drug that is subject to government regulation under the "Controlled Substances Act" of the United States. This law regulates a variety of popular controlled substances, including but not confined to opiates and opiate derivatives, heroin, cocaine, gamma-hydroxybutyric acid ("GHB"), peyote, and certain hallucinogenic substances.

This legislation also makes it illegal for you to have or buy certain prescription medications for sale. Among them are, but are not confined to, hydrocodone, also known as Vicodin, and codeine, just to name a few. However, before the prosecution can convict the defendant for possession of drugs and/or controlled substances for sale, he or she should establish that:

  • You purchased or possessed the drug
  • You were aware of what you did
  • You were aware of the nature of the drugs as controlled substances
  • You had enough of the controlled substance to sell or use, and
  • That you either:
  1. a) had the controlled substance with the intent to sell it, or
  2. b) bought the drug with the intent of reselling it

Let's delve deeper into these terms and provisions to get a better grasp of their legal significance.

  1. Possession

In California law, the term "possession" has the same meaning as "control." This form of control could be constructive, joint, or actual.

  • Constructive Possession: This type of possession is a little harder to spot. You have constructive possession of a controlled drug if you have access to it or if you have the right to govern it, even if you don't have actual possession of it. Constructive possession is often established by indirect evidence, that is, proof that does not immediately lead to guilt
  • Joint Possession: A situation in which two or more people own a controlled substance is referred to as "joint possession"
  • Actual Possession: This type of possession, also known as physical control, is the easiest to establish and define. An example could be if you had an illegal substance in your pocket, briefcase, or backpack

  1. Knowledge

Before the courts can find you guilty of possession with the intent to sell, the prosecutor needs to show that you were aware of the situation. This means that you knew:

  • You had the drug in your possession, and
  • It was a prohibited substance

Let's have a look at the differences between the two kinds of knowledge.

  • The Defendant's Knowledge That the Drugs Were in His or Her Possession

It could be unreasonable to hold somebody responsible for having drugs for distribution in his or her custody if he or she had no idea the substances were in their possession. This implies that if you hired a friend's car and officers found drugs or any controlled substance in the vehicle's trunk, you should not be considered criminally accountable if you were unaware of the drugs' or substances' presence.

Similarly, if your colleague, for example, kept his or her drug in your home without informing you, he or she may have been afraid that a law enforcement officer would obtain a search warrant to inspect his or her apartment. In this context, you can't be charged with possession of drugs or controlled substances unless you were aware of it and agreed to it.

  • Knowledge That the Defendant Knew It Was a Controlled Substance

To sustain a guilty verdict for possession or sale of a controlled substance, it’s not required that you recognize the drug's specific name, chemical composition, or predicted side effects. All that is required is for you to be aware that the substances are unlawful controlled drugs. What's more intriguing is that either the jury or judge would conclude that all of the "knowledge" standards have already been met simply by the grounds that you owned a controlled substance. Your knowledge could also be inferred from your actions after the drugs were discovered.

  1. Presence of Enough Drugs to Sell or Use

A residue or small traces of drugs would not be enough to support a guilty verdict for possession of drugs for sale. The substance's quantity must be sufficient for the individual or persons to whom it would be delivered or sold to consume it as a controlled substance. However, the prohibited drug does not need to be present in sufficient quantities to affect the user.

  1. The Intention to Sell

In "possession for sale" accusations, the prosecutor's case frequently hinges on whether you had intentions of selling or distributing the drug in exchange for money. However, this does not imply that you should have the intention of selling the controlled substances personally.

You could be found guilty of this crime if you explicitly intended to sell any drug or controlled substance to someone else. If the prosecution establishes that the defendant had a controlled drug, but fails to establish that he or she did so to sell the substances, then the jury or judge could find him or her guilty of the included lighter allegation of personal control under provisions of California HSC 11350.

Manufacturing a Controlled Substance

California's HSC 11379.6 is the law that makes manufacturing any controlled substance an offense. This section covers opiates, ecstasy, cocaine, heroin, and other drugs. To convict you under this provision, a prosecutor must show the following:

  • That you compounded, manufactured, prepared, or prepared a controlled drug
  • That you were aware of the narcotic nature of the drug or controlled substance

A "controlled drug" is one that's governed under the "Controlled Substances Act" of the United States. It makes no difference whether the substance is classified as a schedule I, II, III, IV, or V respectively. Common examples of such drugs include heroin, PCP, ecstasy, cocaine, LSD, marijuana, and methamphetamines, to name a few.

In terms of knowledge, the prosecution must show that you were aware that the drug or substance that you were preparing was a prohibited substance. However, a prosecutor does not have to show that you were aware of the exact or specific details of the illegal substance involved. However, a prosecutor does not have to show that you were aware of the exact prohibited substance involved.

The prosecution only needs to establish that you were aware that the substance in question was indeed a controlled drug. Furthermore, a defendant is not required to finish the drug-making process to be found guilty. You could be convicted of the crime if the prosecutor can show that you:

  • Consciously took part in the production process of the drugs or controlled substances, and
  • This participation took place at the start or middle stages of the procedure

Find a Los Angeles Criminal Defense Attorney Near Me

If you or somebody you know is being probed for concealing drugs in a false compartment, or is facing allegations of this crime, you must consult with a criminal defense attorney as soon as possible. At the Los Angeles Criminal Attorney, we know how to successfully prosecute and defend all types of drug offenses.

Our experts are well-known in the legal field as aggressive defense attorneys who fight tirelessly to achieve the best possible results for our clients. Contact us anytime at 424-333-0943 for more information regarding charges of concealing drugs or controlled substances in a false compartment, as well as to book your free consultation.