Visalia Criminal Law Blog

Evidence collected by the FBI, California Highway Patrol, and local law enforcement in Modesto has reportedly built a case for methamphetamine trafficking against the president of the Modesto Hells Angels Motorcycle Club and its associates. Federal authorities have charged the club president, his wife and another man with conspiracy to possess and distribute methamphetamine.

Investigators deployed wire taps on the phones of the 61-year-old club president and his 51-year-old wife. Their allegedly incriminating conversations along with surveillance of other people and traffic stops prompted law enforcement agents to obtain search warrants for the club house in downtown Modesto along with six other locations in Stanislaus County. During these searches, officers took the couple into custody along with another 61-year-old man.

The drug possession convictions of five California prison inmates who had their sentences extended after marijuana was found in their cells have been overturned. The ruling, which was made by the Court of Appeal for the Third Appellate District in Sacramento, was released on June 11. The Attorney General's Office has not yet announced whether it plans to appeal the decision to the California Supreme Court.

California voters chose to legalize the recreational use of marijuana by passing Proposition 64 in 2016. The panel of three appeals judges hearing the case determined that marijuana's revised status meant that prisoners could no longer be guilty of a crime for possessing an ounce or less of the drug. However, they also pointed out that the consumption of marijuana by state inmates remains illegal and could lead to additional sanctions. An attorney from the Sacramento County Public Defender's Office praised the ruling and said that it would save taxpayers money. It costs the state between $50,000 and $75,000 to incarcerate an inmate for a year according to the public defender.

When law enforcement in California initiates a traffic stop for any reason, the officer will check for signs of violations when investigating. This is true even if the stop was unrelated to suspected driving under the influence. If there are signs or evidence of a driver who is intoxicated, it will likely lead to an arrest. One reason for an arrest to be made is if there is an open container of alcohol in the vehicle.

A California Highway Patrolman saw a vehicle with an expired registration and stopped it. As the investigation was conducted, the officer saw a 12-pack of beer on the floor of the passenger side. There was an open container in the cup holder. After running a check, the officer found that the man’s driver’s license was suspended.

The California Highway Patrol believes that a 24-year-old San Joaquin Valley man was drunk and speeding when his GMC pickup truck ran through a stop sign in Tulare County and struck a Pontiac sedan on the night of May 12. The 75-year-old woman behind the wheel of the Pontiac and her 67-year-old female passenger lost their lives in the crash. The man also suffered serious injuries in the accident and was rushed by paramedics to the Kaweah Delta Medical Center. He faces a raft of charges including vehicular manslaughter and DUI involving an injury.

According to a CHP report, the accident took place at the intersection of Road 60 and Highway 137, which is also called Inyo Avenue, near Tulare at approximately 8:30 p.m. Officers say that interviews with witnesses and an examination of the man's pickup lead them to believe that he was traveling at about 70 mph when he struck the Pontiac. The posted speed limit in the area is 55 mph.