• Alcohol
  The most common drug of abuse in the U.S. is alcohol. Studies have shown that more people have been killed from alcohol related deaths than all the U.S. soldiers killed all the wars fought. This course will not go into detail on alcohol, but will focus on all the illegal drugs most commonly abused in the U.S. These drugs are the following: Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Codeine, Cocaine, Crystal Meth., Glue, Hallucinogens, Heroin, Ice, Inhalants, LSD, Psilocybin mushrooms, Marijuana, Opiates, and Phencyclidine (PCP).
  
• Crank and Crack
  During the review of the "Web Assignment", you will obtain a lot of facts which will enlighten you as to why the users use the drugs, the effects they obtain, the cost and amounts taken to produce that effect. More of this information will come in Unit #6. There are several very important items to understand. They are the following: Crank (slang term for methamphetamine) and Crack (slang term for rock cocaine) are often confused with one or the other. Heroin comes in many forms, a tar-like substance, or a white, tan, reddish, or brown powder. In Southern California it is rare to see it in a white powder form (a.k.a. China white). Cocaine also comes in many forms. It can be a white powder (cocaine hydrochloride) or a white rock-like substance (cocaine base). One dissolves in water and the other does not.
  
• Descriptions
  There are many descriptions of drugs. They are always changing. When we think we've got them all figured out, changes are made to conceal their identity, and/or other methods to process them are invented, changing their color or appearance. When you go into the Web Sites listed below re: Drug Fact Sheets, you will see all the different descriptions of all the drugs mentioned above. You will notice that some of the drugs have a very unique appearance. You will also notice that some are similar to others, like powder cocaine and amphetamine often can look alike. There are also "look alike drugs", also known as "placebos" which I call fake or false drugs. These are the drugs, usually prescription style, having no narcotic or euphoric effect when taken. They are often sold to fool users and for dealers to make a large profit. So how can you tell if they are real?
  
• Chemical Testing
  The best way to tell if the drugs are what you think they are is by chemical testing. This is one of the jobs for most criminal laboratories. Will the chemist come out on all cases where there are questions? Yes, if the case is a large or significant one. However this is not likely on most cases. So the officer or investigator will conduct what is called a field presumptive test. This is a test, which will give you probable cause to arrest the suspect if it shows the presence of the illegal drug or drugs. In Southern California the Becton-Dickinson or Wells chemical test is what are used. The Becton-Dickinson chemical test has a small plastic container (approx. 2" x 2") which you can place a small amount of substance in question. Once inside there is a chemical inside, which will cause the added substance to react by changing colors. These colors are indicators of what the substance is. Cocaine usually will show a blue color. The Wells test is similar, however, instead using a plastic container, you do all the mixing of the chemicals on a small glass tray. The results are similar. Both of these tests are easy to use and understand.

Unit 4 - Narcotic Identification, Packaging & History.  Discuss three different drugs and their symptoms and common packaging methods.

• Unit Overview:
• Marketing
  "Imagination" is the common denominator that assists the drug dealers and users in marketing their illicit products for sale. They think of ways to make their products look more appealing, prevent product destruction, and avoid detection from the police. Adding color pictures or markings on the product can enhance appearance, which make it look more enticing or "cool." An example of this would be when LSD (Lysergic Acid Diathylamide ) tabs were confiscated from a dealer having Mickey Mouse's picture on them. The dealer is not going to package his product in a package which when wet dissolves the contents. This is why kilos (2.2 lbs.) of cocaine (powder form, which dissolves in water) are packaged in plastic, then wrapped water tight in plastic tape. Detection of these drugs from the police is always a concern of the dealer. It is unlimited the ways in which they do this. I have seen the drugs hidden in soda cans and inside vehicle tires.
  
• Recognition
  I have had officers tell me, "Oh, that is what that looks like. I have seen that several times in vehicles and did not know what it was." This is reference to drugs and the different packages I have shown them. There are trends, which you must stay abreast with. The most common way to learn is to ask the dealers and users. During this lesson I will try to update you with current packaging trends. You should already know the appearance of the drugs from the prior lesson.
  
• Characteristics
  The following information is an explanation of what to look for in each drug category along with added insight as to why they use these methods:

  Marijuana: Rolling papers, smoking pipes, dried leaves, seeds, plant materials, roach clips, electrical clips, and has the odor of burnt rope. The rolling papers can be purchased at any market. They come in all colors and design. The basic one is white. These are legal in the stores because they are supposed to be used for hand rolled cigarettes. When have you last seen anyone smoke or roll a hand rolled cigarette? Smoking pipes come in all shapes and sizes. The only way to tell if it has been used for tobacco or marijuana is by the smell in the bowl. Burnt marijuana has a very distinct smell, similar to burnt rope. The marijuana leave has a very jagged edge and is very easy to spot. Once dried and crushed up it looks similar to oregano or parsley flakes, which you can find in your spice rack. The smell however is different. The marijuana seeds are not smoked, since they pop when lit. The seed is small and oval in shape. You will find these lying around the ash try or area where the "joint" (hand rolled MJ cigarette) is made. They use the clips to hold the joint, to allow them to smoke it all the way to the end without burning their fingers.
  
  Hallucinogens: (LSD, acid, MDMA, Ecstasy, psilocybin mushrooms, and peyote). Capsules (any color), tablets (any color and size), blotter squares (approx. ¼" x ¼" squares of paper), small transparent colored pieces of substance resembling plastic or hard candy, dried mushrooms, or cactus buttons. Note the illicit drug labs, which make MDNA and ecstasy can put them in any type of capsule or pill form they desire. The same is true for most of all illegal drugs made. LDS is usually sold in sheets of 100 small square (a.k.a. tabs). The tabs are then torn off and usually one or a portion of one, is used for personal consumption. The dealer will often personalize his own LSD by placing a star, moon, happy face, or other logos on the tabs. LSD is actually colorless, odorless, and tasteless. It can be placed on anything, then absorbed by placing it in your mouth to obtain a high. These tabs described above are just paper saturated with the LSD liquid, allowed to dry then placed in mouth when needed. There is another type of LSD called "window pain." This is the transparent type described above. This is allowed to dry on a cookie sheet, approx. 1/8" in height, then broken or cut into little pieces approx. 1/8" square. This is then taken orally. Peyote buttons average one to two inches in diameter, brown in color, and resembles the underside of a fried mushroom. They have a bitter taste and are usually ground up into a dark brown powder and placed in a gelatin capsules.
  
  Cocaine: (Cocaine base and cocaine hydrochloride). Glass vials, foil, toy balloons, glass or metal pipes, copper metal cleaning pads, razor blades, small straws, small spoons, smooth glass or mirror plate, non-porous paper folded bindles, plastic packaging tape, small zip-lock style bags, tray with water and syringes. Note: "Cocaine Base" is oil based and does not dissolve in water and "Cocaine Hydrochloride" does dissolve in water. "Cocaine Base" is known as "rock or crack cocaine." Rock and crack cocaine is smoked. "Cocaine Hydrochloride", which is in a powder form is usually ingested through a straw up the nose, or dissolved in water then injected into the body with the use of a hypodermic needle and syringe. Rock cocaine is hard like a bar of soap and is often sold without wrapping. Often, if sold in smaller sizes it will be wrapped in foil, plastic baggies, and or inside balloons. Cocaine powder will usually be packaged in a paper bindle, plastic baggies, foil, small glass vials, or toy balloons. The toy balloon is used to package other drugs also, since you can tie the top in a knot and have a watertight seal. The users swallow the balloon and contents when contacted by the police, then obtain it by throwing up or allowing the digestive system to return it by going to the bathroom. The rock cocaine is smoked in a pipe. Often the pipe is a straight one. To keep the rock from falling through the pipe you must place a piece of copper cleaning material inside the tube of the pipe, then place the rock on the substance, and light it with a heat source (lighter, match, etc.). Inhaling on the other end of the pipe will cause you to obtain the narcotic affect. The cocaine powder is often placed on a glass plate, chopped up and formed in a line position with a razor blade, ingested up with a short straw (approx. 2-3" in length) through the nose. If a straw were not used, a small spoon probably would be used to place the powder to the nose for ingestion.
  
  Heroin: (Mexican brown, black tar, and china white). Foil, balloons, plastic and paper bindles/bags, syringes, metal spoons, matches, glass or metal pipes, razor blade or knife, lactose, blender and plastic type tape. Black tar heroin is the most common form in the California area. It is obtained from Mexico. The "Mexican Brown" is just tar heroin processed one step further. The "Tar Heroin" is processed with a cutting agent. The agents usually are white, thus when mixed together, often in a blender, it gives you a light brown appearance similar to powdered chocolate milk. The most common cutting agent is lactose. Lactose is like a powdered milk product often fed to babies. The most common street package of heroin, is when the Tar Heroin is placed on a small piece of plastic (often from a grocery bag), then twisted on top or sometimes heat sealed at the top. Ten years ago we did not see a lot of Tar Heroin but only Mexican Brown mostly packaged in balloons or condoms. Today in California, we do not see much China White. That is found most often on the East Coast. The most common way to use heroin is by mixing it with water, heating it so it will dissolve into a liquid form, then injecting it into a vein(s). During the last couple years, there has been a trend to smoke or inhale it. This is done by placing it on a piece of foil, heating the bottom until it turns to a vapor/smoke form, then inhaling it through your nose or throat. This way the user is not left with unwanted needle marks.
  
  Amphetamine: (Methamphetamine, crank, speed, and ice). This stimulant group has the same packaging and use characteristics as that of cocaine. Note: crank and speed are street names for amphetamine and methamphetamine in powder form. Ice is the rock form of amphetamine. It is smoked in a similar manner to rock cocaine. The majority of the clandestine labs produce a powder methamphetamine and/or amphetamine, which has a very distinct smell. It has been compared to the smell of a wet baby diaper, urine or acidic odor. Amphetamine comes in all types of tablets, pills and capsules. The most common tablet is referred to as the "mini-bennie", which is a small (approx.1/4" in diameter) white double scored (two lines on the tablet face forming a cross or "X" on it) and approximately 1/8" or less thick. Sellers of caffeine tablets also use this design. Amphetamine users are often ripped off by dealers selling them these "look a like" drugs.

• Overview of Laws
  11364.7 Health and Safety Code: Makes it a misdemeanor to possess or manufacture any drug paraphernalia with the intent to deliver, furnish, or transfer it under circumstances where the perpetuator should reasonably know that the paraphernalia will be used in connection with a controlled substance. The purpose of this section is to allow for control of so-called "head shops."
  
  11014.5 Health and Safety Code: Defines drug paraphernalia as the following: all equipment, products and materials of any kind which are designed for use or marketed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,...injecting, ingesting, inhaling or otherwise introducing a controlled substance into the human body in violation of this division. It includes, but is not limited to: (a) hypodermic syringes and needles, (b) cocaine spoons, (c) "roach" clips, (d) controlled substance testing equipment, (e) objects designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, or hashish into the human body, and (f) container designed for the use in storing or concealing controlled substances.
  
  Note: Most cities also have their own city ordinances, which also prohibit the sale of the above item in their cities. These ordinances are in place to prevent, prohibit, and discourage drug use in their communities.

Unit 5 - Narcotic Laws.  Discuss and identify the most common violations.

• Unit Overview:
• Variety of laws.
  This is an area, which often confuses people in the field of law enforcement. There are hundreds of laws in the books pertaining to narcotic laws. Which one do you use? It was for this reason, I chose the use of our class text "California Criminal Law Concepts" for this class. I found this book to be a very good resource in understanding the law in a clear concise manner. There is, what I call, a "cheat sheet" on page # 218 in the text that makes it simple to identify the correct violation for the offense. It has the drugs listed with their brand names adjacent to the appropriate violation. Unless you have a great memory or work with the violations on a daily basis, it will be hard to recall the right section violated. This "cheat sheet" will assist you in this area.
  
  
• Possession.
  The question often asked is what is possession, possession for sales, and sales of drugs? The elements of possession are spelled out in your text on page #215. The one thing that must be shown by the officer or investigator is this: Is there enough substance to produce a "narcotic effect"? Example: You could not arrest a person for possession of cocaine (11350 H&S) if it was only residue. This would be called a "diminous" (meaning too small or not enough) amount. However, if there were enough, in a small pile, to snort up into their nose with a straw to make them "high" or produce a "narcotic effect" then there would be an 11350 H&S violation. Possession for sales cases are typically cases where the person is in possession of a large amount of illegal drugs and they possess them with the intent to sell them. We show this violation in several ways.
  

  (1) There is an admission from the suspect.
  (2) The quantity (weight) of the illegal drugs is so large it is more than the average user would normally possess for personal use. An example of this is a kilo (short term for kilogram) of cocaine, is a total of 1000 grams. Most users will not use more than a gram or two of cocaine a day. This person would have enough to make them "high" for a year and a half or two years. This is not likely and it would be my opinion that it would be possessed for sales. Each district attorney's office has his or her own policy as to how much of each drug, by shear weights, it will take to file a possession or possession for sales case. These differ slightly from area to area. An example of this is in Northern California where marijuana is grown and it is plentiful, a person stopped with a kilo of marijuana might just be charged with possession of marijuana. A person in Southern California probably would be charged with possession for sales.
  (3) The other method to obtain a possession for sales filing (criminal complaint filed against a suspect) is to obtain other evidence that would be indicative of a possession for sales case. Example: You have your drugs and no admission from the suspect that he or she was involved in drug sales. You would look for other indicators, which might show his or her involvement in sales of drugs. This might be the "pay-owe" sheet. This is a list of persons they sell to along with either cash or weight amounts listed on them. Similar to a bookkeeping or property control list. Dealers often use scales, packaging materials, pagers, and cell phones to assist them in distributing their products. These evidence items will assist you in obtaining a possession for sales charge.

  The main difference between the charges of possession of cocaine and or possession of cocaine for sales is the amount of jail time received by the suspect. On a possession for sales charge, with any type of illegal drugs, you will receive more jail time.
  
  
• Sales.
  Looking in the California Criminal Law Concepts text you will see on the cheat sheet on page #218 a box, which has "sales" in it. These "sales" cases are self-explanatory. These are where the suspect is seen selling to other suspects, or actually sells to an undercover police officer.
  
  

  Note: While reviewing page #218 of the text you will see that these are the most common sections violated. These sections are the ones most often used by law enforcement officials, except for the "use of minor" sections. It is very rare to ever use those sections, since the dealers and users do not want to use minors in any of their activities because of their immaturity they are easily detected by the authorities. This is not to say that it will never happen.

Unit 6 - Identification of a Drug User.  Identify and discuss three types of drug users and the characteristics associated with the type of drug used.

• Unit Overview:
• 11550 (a) H&S.
  The reason for the necessity of knowing the section 11550(a) H&S is because it is the section mainly used by officers, arresting a person for under the influence of a controlled substance. You will review this section in the listed below web site. You will notice that this section is very confusing. It makes you refer to numerous different other sections and specific paragraphs. Refer to your course text (Calif. Criminal Law Concepts) to page 215 and 216 for a simplified easy to understand version.
  
• Symptoms.
  Each drug has its own unique set of symptoms. Some are similar to other drugs, however still have slight differences. Don't be confused. It will be easy to understand after reviewing this lesson. First, go to the below listed web site for the National Clearinghouse for Alcohol and Drug Information. Review the listed drugs of abuse symptoms, effects, and profiles. This will give you a good overview of each drug. Ninety-nine point nine percent of all the 11550 H&S violations occur with the use of the following drugs: heroin, cocaine, amphetamine/methamphetamine, and phencyclidine (PCP). It is for this reason I will focus in detail on these specific drugs.
  To better understand symptoms of drug influence, it is necessary to understand the normal ranges in the following areas of the human body:

  Blood pressure:
  Systolic: 120-140
  Diastolic: 70-90
  Pulse: 60-90 B.P.M. (Beats Per Minute)
  Respiration: 12-20 Per Minute
  Pupil Diameters: 3.0-6.5 m.m. (Millimeters)

  Heroin users will often have the following symptoms: Constricted pupils (recent use--- the pupils will be under 3.0 m.m. in size), pupils demonstrate little or no reaction to light, pulse and blood pressure below normal, droopy eyelids (ptosis), poor motor coordination, and puncture marks often visible if subject injects it. I say they appear intoxicated, similar to alcohol but have no odor of alcohol on their breath. This is also providing they have not also been drinking. They will then say, "I was just drunk." My response is alcohol use does not cause the pupils to be constricted, the needle marks on the body, or shows the presence of heroin in the urine test of the user.
  
  Cocaine, amphetamine and methamphetamine users will often have the following symptoms (each drug is very similar to each other since they are all stimulants): Dilated pupils (immediately after use, usually larger than 6.5 m.m.), increased blood pressure and pulse, talkativeness, hyperactivity, anxiety, paranoia, elevated respiratory rate, long periods without sleeping or eating, nasal redness (caused from ingestion or snorting the substance), needle marks on the body, and euphoria.
  
  Phencyclidine (PCP) users will often have the following symptoms: Horizontal and vertical nystagmus (pupils bounce when looking right or left and up or down; involuntary eye movement), pulse usually elevated, body temperature elevated, blood pressure elevated, muscle rigidity, blank stare, sometimes increased physical strength, memory and speech difficulties, occasional visual and auditory hallucinations, and a chemical odor on breath.
  
• The eyes.
  It has been said that, "your eyes are the window to your soul." The reason I feel this statement was made is because you can tell a lot about a person looking into his eyes. Often you can tell if they are lying, sincere, sad, etc. You can also detect the presence of possible drug influence. This is one of the first areas you want to check, if possible. The use of a pupilometer is a great tool to measure the size of the pupil. This is a small card with numerous dots on the side. You just have to hold the card next to the subject's eye and match the dot on the card to the opening of the pupil. The size is determined in millimeters. Remember the normal ranges listed above and if the person has an abnormal reading then there is a good chance they are under the influence of a drug.
  
  Pupilometers can be ordered for very little cost at any medical supply company. I order them from Veract Inc. 800-821-0775.
  
  Checking the pupils in a darkened room is also a good thing to do. Since when you are in a dark room, after a couple minutes, your eyes will adjust to the darkness, causing your pupils to dilate naturally. After this has happened, use a small pin light or dim flashlight along with your pupilometer to check the pupil size again. This is done by again placing the pupilometer in the same position and allowing a little light to illuminate the eye area. Check both eyes. Then check your partner's eyes for a comparison test. If the person is under the influence of heroin their eyes will be constricted and show little reaction to the presence of light being shined on their eyes.
  
  Nystagmus eye tests are a good way to check for the presence of PCP (Phencyclidine) in a person. This test is also given to check for persons under the influence of alcohol. This test if given horizontally and vertically. First, telling the person tested to follow the tip of your pen or finger with his or her eyes. You need to hold it about 12-18 inches away from their face and move it slowly right to left, then up and down. Stopping periodically in the middle of your motions. You will see the pupil track the moving object, however if under the influence of phencyclidine you will see an inability to track the moving object smoothly. You will see a distinct bouncing of the pupil both horizontally and vertically. When a person is on alcohol you will only notice a slight horizontal bouncing. But to rule out the alcohol defense it is best to note the persons breath, if it has alcohol on it, you need to give them a breath or blood test to determine the exact type impairment (drugs or alcohol?).
  
  Chemical testing.
  The easiest method to determine if a person is on drugs is to have them give you a blood or urine test. However, you need to look for the obvious. They will often appear to be intoxicated, ill or injured. This is noted by their walk, and over all appearance. Look closely at their eyes for the above reasons. Then ask the person the list of questions: Are you ill or injured? Have you been drinking? Do you have any eye or medical problems? There are some medical reasons why a person might appear to be on drugs. I will explain in more detail in the next paragraph. If the person states "no" to all the above, and the eyes look abnormal, check them with your pupilometer and pupil reaction to light. Then you should ask to see their arms for needle marks. You should then check their pulse. Again compare this to the normal range listed above.
  
• Normal eye constriction.
  There are several things that will cause pupil constriction other than heroin use:

  1. A child or elderly person will often have constricted pupils.
  2. Eye problems: either glaucoma or an eye injury. An eye injury occurs in majority of cases to only one eye. Glaucoma patients usually will have medication or a doctor treating such case.
  3. A blow to the head: This again occurs only to one eye or the other, usually opposite to the side of the head hit.
  4. Syphilis: usually only effects one eye. Most people are in the hospital when it gets to this stage.
  5. An overdose of Darvon N and/or Codeine, usually 10 times more than the doctor prescribes.
  6. Methadone: sometimes, but note it is taken orally. Check for needle makes and ask who his/her doctor is.

Unit 7 - Suppression/ Apprehension Techniques for Traffickers.  Describe and discuss methods used to deter and apprehend the traffickers on the land, in the air and at sea.

• Unit Overview:
  Packaging
  This area was partially discussed in unit #4 (narcotic identification and packaging section). "Imagination" is what the drug dealers use to assist them in smuggling their illicit products to their destination without detection by law enforcement. Law enforcement is constantly changing their techniques to keep up with the criminals. It is like a cat and mouse game. Drugs have been smuggled into the U.S. in about every way imaginable from inside hidden containers in vehicles/vessels to packages placed inside the human body.
  
• Federal and local actions.
  Due to the Presidents War on Drugs policy there has been a concerted effort by state, local and federal agencies to obtain the goal of a drug free society. They have been working together more now then they ever have been in the past, creating multi-jurisdictional task forces. These task forces generally consist of a member from each different agency, all working together for a common goal, strict drug enforcement, and suppression /apprehension efforts. Many of these teams have assistance from the military, which allows them to use the radar, ships and air support to track the smugglers.
  
• Drug sources.
  It is no secret where the drugs are grown and come from. An example: cocaine is grown in Columbia and in countries in that part of the world. It was told to me, our government told Columbia to stop producing illegal cocaine and to place more controls on it in their country. This was so the U.S. would not have the epidemic cocaine addiction problem we have today. The government of Columbia told us that if we would stop using it they would stop producing it. This is a supply and demand concept. If we did not need it they would not make it. So, now it is the responsibility of our government to educate our people as to the harmful affects from the use of drugs and to try to decrease and/or stop the flow of drugs into our country.
  It is my opinion we are winning the war on drugs through both of these efforts. The drug education programs like DARE, and many others, have been successful in our schools teaching young people to say "no" to drugs. The increased enforcement efforts have sent a message to the smugglers that they will be caught however, due to the large amount of profits being made they continue to take the risk at a slightly slower pace. It is my opinion our real noticeable area of success has been our drug use prevention education programs.
  
• Use of dogs in drug detection.
  The use of K-9, narcotic detection dogs, has been a valuable tool to law enforcement in the narcotics interdiction programs. It has been reported that their ability to smell scents is 1,000 to 100,000 times better then ours. Properly trained, the detection dogs work like magic. Their ability to assist law enforcement has been overwhelming. These dogs are at all of our ports of entry, major airports, bus depots, and train stations. Law enforcement groups assist them in the ratification process of drugs and heavily rely upon their support. Most police agencies have one or more dogs at their stations. They are easy to maintain and a valuable tool.
  Where an officer, deputy, or agent can legally walk, a K-9 dog can also go. The real benefit is that a K-9 "sniff", is not ruled by the courts as a "search." This is because a sniff does not expose non-contraband items that otherwise would remain hidden from public view. It is much less intrusive than a typical search and discloses only the presence or absence of narcotics, a contraband item. This also insures that the owner of the property is not subject to the embarrassment and inconvenience entailed in less discriminate and more intrusive investigative methods. Case law: United States v. Place, 462 U.S. 696, 707 (1983).
  The Fourth Amendment protects people from unreasonable government intrusions into their legitimate expectations of privacy. This amendment protects people and not places. This is why the use of dogs to sniff people is generally not allowed unless a warrant is obtained first. Some people are fearful of dogs and because of it, it is considered an unreasonable search. Once a K-9 detects the odor of narcotics you can get a search warrant or consent to search from the owner of the property. If the alert is on a vehicle a warrant and consent is not needed to conduct a search. This will be discussed in more detail in the upcoming unit #9 (search and seizure section).
  
• Specialized training.
  Special training is given to investigators who work in narcotic interdiction teams. These officers have to be available 24 hours a day, seven days a week. This is because they will never know when they will get that call stating drugs are coming in or there is suspicious activity at a certain location, which looks like possible narcotic trafficking. These teams often use what is referred to as a "consensual encounter." This is when a person contacted by you, is totally free to leave or not cooperate with you. You must not restrain the person. Conversely, you do not need any objective reason or justification for initiating this type of contact. You start talking to the subject in a low-key manner. Identify your self and explain the nature of your business. Check for nervousness and evidence of suspicious activity. Nine out of ten times you will be able to tell if the person is doing something wrong just by his or her movements and actions. When talking to them you can detect nervousness in their voice and they will often lie to you if they are guilty. Ask for consent to search if the person is acting suspicious. The use of a K-9 detection dog is also a good tool. If the subject stopped does not give you consent to search and you have enough articulate facts to obtain a warrant, then obtain one. If you have nothing you have to let him or her go on their way.
  

• Unit Overview:
• Gambling and prostitution
  Gambling and prostitution have been around since the beginning of time. It is said that prostitution is the oldest profession in the world. It has been told to me if something is wrong, then it is wrong, no gray areas. Unfortunately, this is one of those gray areas, of the law. Let me explain. Gambling and prostitution have caused a lot of problems in the U.S., from organized crime to the spreading of aids and other diseases. Many people have been killed and many families ruined because of these vices. The question I have is why is it legal in some states and other countries? Should we not all be in this together? It is apparent we are not. As a matter of fact I would be willing to bet if you polled the American people they would be split fifty, fifty on the issues. So how can we effectively enforce the laws pertaining to them?
  
• Bingo and lotteries
  We have legalized bingo and lotteries. Many local cities in California have casinos. Should it be against the law to have a card game in your house or bet on a football game? It was told to me if it could be taxed by the State that it would be okay. Remember the laws are written, by the people, for the people. So not to go too far left, left me explain, non- profit groups run the majority of the bingo games and lotteries. This means the money they receive in profit they give back to a charitable organization. That sounds like a good thing to do. The casinos provide a good tax revenue base for cities, which means lower taxes to the resident of that city and better city services. That sounds good also. Who controls the loan sharking, organized crime and gangs moving in, the loss of a husband's paycheck to feed his family, and cheating? These are very complex and real issues.
  
• Issues in prostitution
  Talking about prostitution issues, it is legal in certain parts of Nevada and in many other countries. Our society seems to feel it is okay for our married president to have an affair. How do you think they feel about prostitution? We have a feel good society. If it feels good and does not hurt anyone it is okay. Unfortunately many people are hurt as a result of prostitution.
  
  So with all these mixed feelings toward these issues, are we supposed to take these violations seriously? We (law enforcement officers) are hired to up hold the law and until it is changed we have to enforce it. However we must not only focus on the letter of the law but also understand the spirit of the law.
  
• Review the listed penal code sections.

  330 P.C.: Gaming
  330 b P.C.: Possession of a slot machine
  330.7 P.C.: Antique slot machines
  331 P.C.: Owner permitting gambling in house
  332 P.C.: Obtaining money or property by fraudulent game or trick
  334 P.C.: Fraudulent operation of concession
  337 a P.C.: Bookmaking: Bets and wagers.

  Notice: that most of the offenses are a misdemeanor, with the penalties of up to one year in county jail and/or up to a thousand-dollar fine. Most of the above sections are very interesting and self-explanatory.

  330 P.C. and 337 a P.C. are the most common enforced laws
  330 P.C. covers most types and forms of gambling
  337 a P.C. is used for horse racing book making and football pool violations
  334 P.C. is a section used on fraudulent carnival game you might see at a fair.

• Review the prostitution sections 

  647(b) P.C.: Solicitation for Prostitution
  266h P.C.: Pimping
  266I P.C.: Pandering.

• Review the sex crime sections:

  288 P.C.: Child Molesting (Under 14)
  647.6 P.C.: Child Molesting (Under 18)
  288a P.C.: Copulation
  647(a) P.C.: Disorderly Conduct
  647(d) P.C.: " " (In restroom)
  314 P.C.: Indecent Exposure (Lewd conduct)
  261(1) P.C.: Rape (Victim of unsound mind)
  261(2) P.C.: Rape (By force)
  261(3) P.C.: Rape (By drugs)
  261(4) P.C.: Rape (Victim unconscious of nature of act)
  261(5) P.C.: Rape (Victim believes perpetrator to be spouse)
  262 P.C.: Rape of Spouse
  286 P.C.: Sodomy
  261.5 P.C.: Unlawful Sexual Intercourse.

  Notice: the majority of these sex crime violations are of a more serious nature and are classified as felonies.
  
  288 P.C., 288(a) P.C., 647(a) P.C., 314 P.C., 261 (2) P.C., and 261.5 P.C. are the most common sections violated.
  

• Unit Overview:
• Overview.
  It is necessary to understand all the information in this unit to be a successful officer or investigator. You might do a great job putting the bad guys in jail but if you don't know the rules you will lose the case and the criminal(s) will go free. This is also an area, which is most often attacked by an experienced defense attorney. This area covers probable cause for the stop, reasons for detention, and how and why was the search conducted.
  
• The 4th Amendment
  The 4th Amendment is: "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized." What this basically means is that all search and seizures should be with a warrant. The courts have since ruled that all searches and seizures must be reasonable and that a search or seizure with a warrant is presumed to be reasonable. (People v. Hobbs ((1994) 7 Cal. 4th 948.)
  
• Warrentless searches.
  Reasons why some search and seizures are permitted without a warrant:
  

  1. Waiver - involves a knowing, intelligent, and voluntary giving up of a constitutional right. (People v. James (1977) 19 Cal.3rd 99,106.) This is when the person in control gives you consent to search for the items requested by you.
  2. Exigent Circumstances - means an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence. (People v. Ramey (1976) 16 Cal. 3d 263, 276.)

  Absent the above reasons, a warrant will be needed according to the 4th Amendment statute on all other circumstances. The warrant must have "probable cause" to be valid. This is the state of facts or circumstances, and when appropriate, the veracity and basis of knowledge of an informant, which would cause the officer to believe that there is a fair probability that contraband or evidence of a crime will be found in a particular place. (Illinois v. Gates (1983) 462 U.S. 213, 238.)
  

• Search Warrants
  In a search warrant it is necessary to describe in detail all the areas requested to be searched. This is to prevent any loophole for the defense attorney's to attack during the trial.
  
• It is necessary to not lose sight of the fact that we have the best judicial system in the world and it is still improving daily. Often the officers are frustrated with the fact the criminals are out of jail before their reports are done. The law seems to be protecting the criminals and not the victims. The officer must understand that our judicial system is very complex. There is a reason for every law that governs us. His or her job is over once he or she testifies. The verdict is then up to the judge or jury. It is important to realize the job of a defense attorney, which is to defend his or her client until proven guilty beyond a reasonable doubt. The defense attorney's going to do every thing they can legally to get their client off or a not guilty ruling. This is why you must be professional and prepare your case properly.
  
• As I explained previously the area most commonly attacked in Narcotic and Vice cases is the "probable cause" for the stop, reasons for detention, and how and why was the search conducted. Be prepared to testify to these facts. When you originally write your police report on these incidents do a thorough job and add as much detail as possible. This will help you refresh your memory when it comes time to testify to it in court.
  
  I know of several officers who fear to testify in court. The main reason is because they do not like to talk in front of a crowd. I found the more you testify in court the easier it becomes. The number one thing is to review your report thoroughly prior to testifying so to assist your recollection and always tell the truth. If you don't remember or do not know, just say you don't recall or do not know. A good defense attorney will ask you a lot of these types of questions so to make you look dumb. Don't worry about it, the district attorney will then get the opportunity to ask you questions which are relevant to the case and make you look good again.
  
  Do not get frustrated, angry, or argumentative with the defense attorney. It only makes you look bad. Just answer the question. Listen closely to the question. Answer only what is asked of you. If you interject other items in your testimony you only open other avenues for the defense attorney to attack. Arrive early at court and dresses neatly. The judge and/or jury will judge you on your appearance. So you want to present yourself in a professional manner at all times in the court. Remember not to take the case personally and that your job is to just present the facts in a manner that the court will understand, clearly with confidence.
  
  Document all your training in the field of Narcotics and Vice. This includes all your arrests you made and assisted in, lectures and course attended. This will back up your opinion as an expert in these areas. An expert witness in court is only a person who knows more then the average person. The expert, once qualified by the court will be allowed to give his or her opinion as to what they conclude in a case. An example of this might be a person who had 10 bindles of cocaine in his possession upon arrest. Is it classified as possession for sale (11351 H&S.) or is it just possession of a controlled substance (11350 H&S.)? You as an expert might form an opinion. Due to your past experience and training you might conclude it would be more than the average person might possess for personal use/ straight possession (11350 H&S), and therefore state it was possession for sales (11351 H&S). Because of your expertise the court would most likely agree with you and rule in your favor on the issue.

Final Examination: Your grade for the course will be weighted as follows: Written Assignments = 50%, Final Exam = 50%. In order to successfully complete the course you MUST complete the written assignments and, take the final examination. If you live within 50 miles of the campus, you MUST take the final examination on campus. You may contact the Learning Assistance Center at (562) 692-0921 x 4016 or 3169 to schedule taking the final exam. The Learning Assistance Center is located at the Police Academy which is on the main campus on Canyon Drive. If you live over 50 miles from the college the exam may be proctored at your location. Contact your instructor for details.

If you experience any difficulty or need any further clarification, contact the Online Coordinator, Carley Mitchell at mitchellcarley@hotmail.com or in an emergency call him at (801) 953-6173.

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