This morning's opinion reminds us that methamphetamine users are not necessarily the brightest people in the universe. Even if they live in San Diego. Witness:
"San Diego Police Officers Andres Ruiz and Tyler Cockrell approached DeGraff
while DeGraff was outside in front of his home cleaning his car. At the time, DeGraff's
home was known to be a location where narcotics sales occurred. DeGraff agreed to
speak with Ruiz. Ruiz asked him if he had ever been arrested and he stated he had. Ruiz
asked him whether he was on probation or parole and he stated he was on probation.
Ruiz asked whether he could search him and he responded, "Yes. I'm on probation."
Officer Ruiz searched DeGraff and found a folded paper containing 1.72 grams of
methamphetamine in his back right pocket. Ruiz started handcuffing him and he asked
why he was being arrested. When Ruiz told him he was being arrested for the
methamphetamine in his pocket, he hung his head and remarked, "Oh, f--k. I didn't know
that was there. I forgot. It's not mine." . . .
As Officer Ruiz was arresting DeGraff, DeGraff yelled to his girlfriend DeHoyos.
DeHoyos came outside and Officer Cockrell contacted her. He asked her whether she
had anything illegal on her and whether he could search her. She replied, "Yeah. I don't
have anything on me." He searched her and found a baggie containing .50 grams of
methamphetamine in her right front pocket. He then arrested her and placed her in the
patrol car. . . .
After Officer Cockrell arrested DeHoyos, he asked DeGraff for permission to
search his house. DeGraff verbally consented to the search. He also signed a written
consent form after he had an opportunity to read the form and Cockrell read it to him. . . . Officer Ruiz searched DeGraff's home. He found a baggie containing 19.2 grams
of methamphetamine in a bedroom being used as an office."
So let's summarize. Mr. DeGraff (1) consented to a search, and (2) forgot he was holding. Neither decision was bright. Then his girlfriend, Ms. DeHoyos, (1) comes out of her home while the police are there, (2) in possession of methamphetamine, and (3) consents to a search. Not too bright either.
Then Mr. DeGraff consents to a search of his home. In which there's even more methamphetamine.
Oh, one last thing. Mr. DeGraff tells the police officer he's on probation, and hence is authorized to search him. But he's actually not.
How you can forget whether you're on probation or not is beyond me.
Unless you're using way, way too much methamphetamine.
