While patrolling Laguna Hills, Orange County Sheriff’s deputies observed a driver utilizing a cell phone while operating a vehicle, according to Laguna Hills Police Services.
A traffic stop was conducted, and it was determined that the driver was on probation.
Because the driver was on probation the deputies were then able to conduct a search of the vehicle and they then located two black trench knives with metal knuckles attached.
This type of weapon is illegal to possess in California.
The deputies also located a container holding what appeared to be a controlled substance. You can rest assured that the substance will be tested.
The container was decorated with a graphic from the cartoon Family Guy. In it there appeared to be white pebbles of an unknown substance and a rolled up $20 bill. The substance may be cocaine or meth.
The individual was taken into custody and booked into the Orange County Jail.
The suspect in Laguna Hills may face multiple legal consequences under California law:
1. Possession of Metal Knuckles (Trench Knives with Knuckle Guards)
Under California Penal Code § 21810, it is illegal to possess, manufacture, import, sell, give, or lend metal knuckles (including trench knives with knuckle guards). This is considered a wobbler offense, meaning it can be charged as either:
- Misdemeanor: Up to 1 year in county jail and/or a $1,000 fine
- Felony: 16 months, 2 years, or 3 years in jail and/or a $10,000 fine
Probation may be granted in lieu of jail time, depending on the circumstances and prior criminal history.
2. Possession of a Controlled Substance While on Probation
California law treats possession of controlled substances seriously, especially when the individual is already on probation. Under Proposition 47, many drug possession offenses were reclassified as misdemeanors, but aggravating factors—such as being on probation—can elevate the charge.
Typical penalties include:
- Misdemeanor: Up to 1 year in county jail, fines up to $1,000, and probation
- Felony (if aggravating factors apply): Up to 3 years in state prison, higher fines, and longer probation terms
Additionally, the court may mandate participation in drug treatment programs or diversion programs like Proposition 36 or Deferred Entry of Judgment (DEJ).
3. Probation Violation Consequences
Being found in possession of illegal weapons and controlled substances during a probation search constitutes a violation of probation terms. Consequences may include:
- Revocation of probation
- Incarceration for the original offense
- Additional charges for new offenses
- Stricter probation terms if reinstated
Probation searches in California are legal without a warrant if the probationer has agreed to a search waiver. However, any evidence found during such a search can be used to file new charges or trigger probation violation proceedings.