Return to Non-CALJIC Offenses – Contents
F 18.80 n1 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.)
F 18.80a
Eavesdropping On Or Recording Confidential Communication:
Definition Of Confidential Conversation
(PC 632)
A conversation is confidential if a party to that conversation has an objectively reasonable expectation that the conversation is not being overheard or recorded.
Points and Authorities
See Flanagan v. Flanagan (2002) 27 C4th 766 [117 CR2d 574]; see also Frio v. Superior Court (88) 203 CA3d 1480 [250 CR 819]; Coulter v. Bank of America (94) 28 CA4th 923 [33 CR2d 766].
