SERIES 2400 CONTROLLED SUBSTANCES
F 2441 Use Of False Compartment To Conceal Controlled Substance (HS 11366.8)
TABLE OF CONTENTS
F 2441.1 Titles And Identification Of Parties
F 2441.1 Inst 1 Use Of False Compartment To Conceal Controlled Substance—Title
F 2441.1 Inst 2 Identification Of Prosecution And Defendant
F 2441.2 Use Of False Compartment To Conceal Controlled Substance—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2441.3 Use Of False Compartment To Conceal Controlled Substance—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2441.4 Use Of False Compartment To Conceal Controlled Substance—Burden Of Proof Issues
F 2441.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2441.5 Use Of False Compartment To Conceal Controlled Substance—Elements And Definitions
F 2441.5 Inst 1 Possession
F 2441.6 Use Of False Compartment To Conceal Controlled Substance—Defense Theories [Reserved]
F 2441.7 Use Of False Compartment To Conceal Controlled Substance—Preliminary Fact Issues [Reserved]
F 2441.8 Use Of False Compartment To Conceal Controlled Substance— Unanimity/ Duplicity/ Multiplicity [Reserved]
F 2441.9 Use Of False Compartment To Conceal Controlled Substance—Lesser Offense Issues [Reserved]
F 2441 Notes
F 2441 Note 1 Use Of False Compartment To Conceal Controlled Substance—CALCRIM Cross-References And Research Notes
F 2441 Note 2 Controlled Substances: Use Of False Compartments
Return to Series 2400 Table of Contents.
F 2441.1 Titles And Identification Of Parties
F 2441.1 Inst 1 Use Of False Compartment To Conceal Controlled Substance—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2441.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 2441.2 Use Of False Compartment To Conceal Controlled Substance—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2441.3 Use Of False Compartment To Conceal Controlled Substance—Language That Is Argumentative, Confusing, Etc.[Reserved]
F 2441.4 Use Of False Compartment To Conceal Controlled Substance—Burden Of Proof Issues
F 2441.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2441.5 Use Of False Compartment To Conceal Controlled Substance—Elements And Definitions
F 2441.5 Inst 1 Possession
See FORECITE F 3306.
F 2441.6 Use Of False Compartment To Conceal Controlled Substance—Defense Theories [Reserved]
F 2441.7 Use Of False Compartment To Conceal Controlled Substance—Preliminary Fact Issues [Reserved]
F 2441.8 Use Of False Compartment To Conceal Controlled Substance— Unanimity/ Duplicity/ Multiplicity [Reserved]
F 2441.9 Use Of False Compartment To Conceal Controlled Substance—Lesser Offense Issues [Reserved]
F 2441 NOTES
F 2441 Note 1 Use Of False Compartment To Conceal Controlled Substance—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 2440 [Maintaining a Place for Controlled Substance Sale or Use]
Research Notes:
See CLARAWEB Forum, Controlled Substances—Series 2300.
F 2441 Note 2 Controlled Substances: Use Of False Compartments
HS 11366.8(a) makes it a crime to possess, use, or control a false compartment with the intent to store, conceal, smuggle, or transport a controlled substance within the false compartment. HS 11366.8(b) makes it a crime to design, construct, build, alter, or fabricate a false compartment for, or installs or attach a false compartment to, a vehicle with the intent to store, conceal, smuggle, or transport a controlled substance.
People v. Gonzalez (2004) 116 CA4th 1405 held that modification is not required and that a conviction can be supported by use of a car’s air conditioning compartments. “We find nothing in the language of section 11366.8 that requires a modification, fabrication or alteration of the ‘original factory equipment’ of the vehicle … Clearly a ‘false compartment’ is not a space or area in a vehicle that is intended and normally used as a container or storage area, such as a glove compartment, console or trunk. A ‘false compartment’ is, however, a space in a vehicle that is neither designed nor intended for storage or transportation of personal items, but is nevertheless used to conceal controlled substances, even without any modification of the physical configuration of the space.” (Gonzalez, 116 CA4th at 1414.)
CALJIC NOTE: See FORECITE F 18.80 n1.
