Deputies (8) came to my home after I pepper sprayed my 5150 GF who was IMO going to hurt me(2nd felony).They cuffed me,put me in the unit,pulled roommates out of house at gunpoint,searched everybody and everywhere(for add. suspects and weapons they say)and any person or vehicle that arrived while they were at my home. A dep. comes out and asks if I have any weapons etc... in my room and can they look. Thinking all I had was fireworks and empty baggies and pipes,agreed,knowing full well they had already,for over an hour.They are charging me with .05g of contr.sub.(including packaging)!Weighed with a triple beam scale-not possible due to max.resolution of .10grams!
In order to be convicted of possession of methamphetamine, Heath & Safety Code §11377, the District Attorney will have to prove you had a usable amount. Whether is was a usable amount, or just residue, is a question to be resolved by the jury.
Although the cops may have weighed the sample on a triple beam scale while processing the evidence, the actual analysis and weighing will be done in a toxicology lab with far more sophisticated and accurate equipment.
Here's the portion of the jury instruction that defines usable amount: "A usable amount is a quantity that is enough to be used by someone as a controlled substance. Useless traces [or debris] are not usable amounts. On the other hand, a usable amount does not have to be enough, in either amount or strength, to affect the user."
Experts from prosecution toxicology labs will often testify that a trace of a controlled substance is a usable amount because they can manipulate it with their lab equipment, which means someone could conceivably snort it, smoke it, or inject it. It takes creative techniques to attack their testimony on cross-examination; I once had a toxicologist admit, by his definition, I would have a usable amount of peanut butter if there was enough in the jar to make a faint brown smudge on a piece of bread -- then argued to the jury that nobody makes a peanut butter sandwich that way, and nobody would try to use such a tiny amount of dope.
Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like , anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
This entire scenario we have seen many times. An amount that can be "usable" is miniscule. It need not be enough to "affect" the defendant. H&S Code says "usable" amount but the jury instruction makes any amount de facto "usable". If it can be seen, the state will have an expert to testify that it is "usable". Of course, an expert for the defense can rebut such testimony.
Contact a criminal attorney if you have not already or if you have not been appointed a public defender. The courts in Riverside County, from downtown to Murrieta, are very tough on the entire meth issue.
All states have adopted the Uniform Controlled Substances Act, including California in California's Health & Safety Code section 11000 et seq. Under the act, possession of methamphetamine in any amount, regardless of whether it is a usable amount or not, is a felony. People are charged with felonies all of the time after police find residue of a contolled substance in a baggie or pipe.
As far as the crime lab's ability to test the substance, .05g is plenty. With color tests, only 1-2 mg of the suspected substance is analyzed. Only a minute quantity of a substance is required for this test. Ironically, smaller amounts often yield better test results- often less than 1 mg. Color tests include Marquis test, Simon's test, Chen's test and the Gallic Acid test. All of these color tests involve placing only 1-2 mg of the substance on a spot plate and adding a couple drops of reagent. Color tests are only preliminary tests to determine whether the substance belongs to a specific group of drugs. Further testing is required to identify the substance.
The microcrystal test involves adding a drop of reagent to the substance and viewing the chemical reaction under a polarized microscope. Photographs of the crystals formed are then taken. Obviously, a microscope can make tiny particles visible to the human eye, so .05g is enough.
Other methods of for testing and analyzing a substance that is suspected to be methamphetamine include thin layer chromatography and gas chromatography. Each of these methods involve analyzing only one or 2 mg of the suspected substance.
You definitely need a criminal defense attorney to represent you on this charge. There may be an issue with an illegal search. It sounds like you consented, but if you only consented because the police had already searched the room, then the consent may be considered to be invalid if the first search was illegal. Again, contact an attorney.
