62-year-old (name withheld in order to protect the privacy of the accused) looked like an average ice cream truck driver. But, as it turns out, he was using the vehicle as a front for allegedly selling methamphetamines. So, how did local law enforcement agents in Brentwood find out that this Oakley resident was peddling meth instead of popsicles? He supposedly attempted to sell some of his illegal wares to an unsuspecting customer, one who came for ice cream and not ‘treats’ of a different kind. He was arrested on charges of suspicion of possession of methamphetamine.
Whether you are selling drugs on any given corner in the Bay area or out of a cleverly used ice cream truck, you are still subject to the same California laws as anyone else caught dealing in illegal substances (California Health and Safety Code 11350 – Possession of a Controlled Substance). There are actually 3 different types of ‘possession’ according to the aforementioned law: actual possession, constructive possession (they were found in a building you own, for example), and joint possession (if that same building was owned by your spouse). Only if you have illegal drugs on your person (or, in this case, your vehicle) can it be called actual possession, even if the police can only prove that you had the drugs on your person or in your direct possession just before they searched you.
Generally, this crime is prosecuted as a felony when methamphetamines are involved. If convicted, he faces up to 3 years in state prison (depending on the facts of the case, such as his prior criminal history) or 1 year in count and a term of probation.
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