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HomeMy WebLinkAbout2011/12/13 Item 19 - Personal Possession Enforcement Options on Bath Salts and Spice City Attorney Presentation on Personal Possession Enforcement Options On Bath Salts and Spice City Council December 13, 2011 Staff And Public Safety Subcommittee Recommendation The quickest way to resolve the possession issue is  to establish a confiscation protocol with the Police Department. Discussions with CVPD and other departments  have revealed that this model would be feasible and easy to implement. California caselaw indicates that detention of  property is justified where the property is evidence of a crime. Officers are able to confiscate items using their  training and discretion when items resemble other illegal substances. Confiscation Model Officers would confiscate spice and bath salts when they  locate these substances when undertaking: Search Incident To Arrest  Probable Cause To Search Suspect  Reasonable Suspicion for Pat Down  Executing a Search Warrant  Search Based on Consent  th Search Based on 4Amendment Waiver  Persons and parents of youth will receive direct  notification of the danger of these substances. Property stored at CVPD for a certain period of time –  then destroyed in accordance with legally defensible protocol. Confiscation would be implemented through a brief  training advisory. Advantages to Confiscation Model Would permit the officers to immediatelyconfiscate spice  and bath salts products. Targets and educates youth and their parents on the issue.  Minimizes exposure to tricky issue of testing.  Avoids the challenges in prosecuting criminal laws against  constantly morphing chemical compounds. Plugs into existing operational framework of CVPD.  Do not need to depend on other agencies (District  Attorney’s Office, other law enforcement agencies) for enforcement guidance and coordination. Conclusion Support the staff recommendation on confiscation • endorsed by the Public Safety Subcommittee by way of a minute resolution. Staff will continue to assess whether local misdemeanor • ordinance would be feasible given issue and expense of testing. Staff will continue to coordinate with the District • Attorney on criminalization efforts. Staff will continue to coordinate with PASS, local state • legislators and the community on supporting state legislation criminalizing possession. Continue to monitor results of our efforts and report • back to the Public Safety Subcommittee.