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Initial Stop for Drug Possession
  • A stop for a violation offence requires probable cause that the suspect committed the offence.
  • A stop for a crime requires reasonable suspicion that the suspect has committed that crime.
  • PCS in the following quantities or with additional factors are criminal:
    • Heroin—1 gram or more
    • MDMA—at least: 1 gram, or 5 tablets, pills, capsules
    • Methamphetamine—2 grams or more
    • Methadone—40 or more user units
    • Oxycodone—40 or more pills, tablets, or capsules
    • Cocaine—two grams or more
    • LSD—40 or more user units
    • Psilocybin or psilocybin—12 grams or more
    • PCS in Schedule I or II (including the above specific drugs) and 3 or more CDO factors
EXTENSION OF A STOP: ANY UNRELATED INQUIRY REQUIRES LEGAL JUSTIFICATION:
  • Officer can ask questions and investigate a drug violation during an unrelated stop when:
    • Specific, articulable facts make it probable that the suspect possesses drugs; and
    • Investigation is limited to the violation for which there is PC
    • Questions must be reasonably related to investigating the possession violation
  • Officer can ask for consent to search, but only for the drugs for which there is PC
  • Expansion of a stop to investigate drug crimes requires reasonable suspicion of that crime
  • PCS in specified quantities or with CDO factors (see above).
  • DUII: Questions about the presence of alcohol or drugs are reasonably related to DUII.
ABILITY TO ARREST AND TO SEARCH BASED ON VIOLATION PCS:
* M110 does not change authority to search for crime evidence. But some warrant exceptions depend on a lawful arrest (which is not permitted for a violation).
* Most inventories of a person apply only upon an arrest
* Search incident to arrest requires PC to arrest for a crime.
* Plain view: authorises a seizure of contraband from a lawful vantage point
* An observation made in the course of a plain-view seizure may support a more expanded search
* Automobile exception applies to violation drug possession.
* Allows search of a vehicle that was mobile when it was stopped only when there is PC that contraband or evidence of a crime is inside.
* Contraband means anything the law prohibits possessing.
* This search is limited to an entry to seize the contraband to which the PC relates
* PC for commission of a drug crime does not, by itself, provide PC that drugs are in the car:
* Possession of some drugs does not, on its own, supply PC that more drugs are present.
* Intoxication, in and of itself, does not supply PC that the suspect currently has drugs.
* To search for more drugs, there must be other facts that establish PC that more drugs are present. o If so, you may search any area or containers that might reasonably contain those drugs.
* PC & Exigency
* If an officer has PC that a subject possesses contraband and reasonably believes an exigent circumstance exists (e.g. destruction of evidence) the officer may seize the contraband.
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