1. Definition and Elements of the Crime
While it is generally lawful to build and use secret compartments to store valuables and other items, use of hidden compartments is illegal when used in a vehicle to conceal drugs. Under California Health & Safety Code Section 11366.8 HSC concealing drugs in a false compartment of a vehicle is a criminal offense that can lead to significant penalties for those convicted.
To prove that a defendant committed the crime of concealing drugs in a false compartment, a prosecutor must be able to prove the following elements:
- The defendant possessed, used or controlled a false compartment with the intent to store, conceal, smuggle or transport a controlled substance in the false compartment of a vehicle
- OR the defendant designed, constructed, built, altered, fabricated, installed or attached a false compartment for or in a vehicle with the intent to store, conceal, smuggle or transport a controlled substance in it.
A false compartment is any box, container, space or enclosure intended or designed to conceal any controlled substance within or attached to a vehicle. A false compartment may be original factory equipment that is modified or a compartment that is added to the vehicle.
2. Related Offenses
Similar offenses include the following:
- Possession for Sale of a Controlled Substance -
- Possession for Sale of Marijuana -
3. Examples
A man owns a truck that has an extremely large gas tank. The man decides to use the truck’s gas tank to conceal marijuana while transporting it. In addition to being charged with possession for sale of marijuana, the man could be charged with concealing drugs in a false compartment in violation of California Health & Safety Code Section 11366.8 HSC. The fact that the compartment was not added to the vehicle would not preclude criminal prosecution, as the false compartment does not require modification.
In another example, a mechanic runs an auto body shop that specializes in after-market modifications. A man approaches the mechanic at the shop and asks him to install various hidden compartments throughout his vehicle to help him conceal drugs when he travels throughout the state. The mechanic complies and builds the compartment according to specifications. The mechanic could be charged under California Health & Safety Code Section 11366.8 HSC for building a false compartment for use in concealing drugs, as this action violates the statute.
4. Defenses to Concealing Drugs in a False Compartment
If the driver or owner of a vehicle has no knowledge of the presence of a false compartment, he or she could not be charged criminally with this offense. Additionally, if the false compartment was used to conceal something other than drugs, the defendant would not be criminally liable for this offense.
5. Penalties
Concealing drugs in a false compartment is a "wobbler" offense. This means that a prosecutor can charge the case as either a felony or misdemeanor. When deciding what level of charges to file, Prosecutors tend to evaluate factors such as the criminal history of the defendant and the circ*mstances of the crime. If charged and convicted of the misdemeanor, a defendant can be sentenced to up to a year in jail in addition to costly court fines. If charged and convicted of the felony, a defendant can be sentenced to up to three years in prison.
The act of building a false compartment to store drugs is always a felony-level offense. Those convicted can be se sent to prison for up to three years.
6. Criminal Defense for Concealing Drugs in a False Compartment
If you or someone you know are being investigated for concealing drugs in a false compartment, or have been charged criminally with this offense, it is crucial that you speak with a Los Angeles Criminal Defense Lawyer right away. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively fight all varieties of drug crimes. Mr. Kraut is well-known throughout the court system as an aggressive litigator who works hard to ensure the best possible outcome for his clients.
For more information about concealing drugs in a false compartment charges, and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney Michael Kraut at the located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.
FAQs
(a) Every person who possesses, uses, or controls a false compartment with the intent to store, conceal, smuggle, or transport a controlled substance within the false compartment shall be punished by imprisonment in a county jail for a term of imprisonment not to exceed one year or pursuant to subdivision (h) of ...
What is 11366.8 a false compartment activity? ›
The code section makes it unlawful for persons to do two things. First, under Health and Safety Code 11366.8(a), it is a crime for a person to: possess, use, or control a false compartment; and, to do so with the intent to store, conceal, smuggle, or transport drugs inside of it.
What is the Health and Safety Code 11366 in California? ›
Health & Safety Code 11366 HS makes it a crime to maintain any place for unlawfully selling or giving away illegal drugs. Opening or maintaining a drug house is covered under California Health & Safety Code 11366 and is commonly known in Los Angeles County as operating a drug house.
What is the vehicle code for hidden compartment in California? ›
Under California Health & Safety Code Section 11366.8 HSC concealing drugs in a false compartment of a vehicle is a criminal offense that can lead to significant penalties for those convicted.
Are secret compartments in cars legal? ›
In California, it is illegal to have a hidden compartment in your car unless the compartment is used for storage purposes and is not accessible from outside the car. This means that you cannot have a hidden compartment that is large enough to store a person or a large object.
Is 11366 a felony or misdemeanor? ›
A violation of Health & Safety Code Section 11366 is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony. As a misdemeanor, the crime is punishable by custody in county jail for up to one year. As a felony, the crime is punishable by custody in jail or state prison for up to three years.
What is the California Health and Safety Code for drugs? ›
One of the most frequently-charged drug crimes is possession of a controlled substance under California Health & Safety Code Section 11350 HSC. Someone can be charged with this felony offense for possessing even a miniscule amount of drugs, and conviction can result in severe consequences, including prison.
What is the Health and Safety Code 11376.5 in California? ›
Can I get in trouble for reporting a drug overdose? Under California Health and Safety Code 11376.5, you will not be charged with drug possession or use crimes if you: act in good faith, and. seek medical assistance/ emergency medical services for another person experiencing a drug-related overdose.
What are hidden compartments in cars called? ›
Hidden compartments, traps, clavos, whatever you want to call them... don't magically appear in vehicles.
What is Section 627 of the California Vehicle Code? ›
(a) “Engineering and traffic survey,” as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.
Vehicle Code 21712 VC makes it illegal to ride in parts of the vehicle not intended for passengers. In other words, this statute prohibits a driver from letting a person ride in part of a vehicle not intended for passengers, ride in the trunk of a vehicle, and ride in a vehicle that the driver is towing.
Is it legal to cuddle in car? ›
While no specific statute on California's books directly addresses this issue, a sex act in the car could break several other laws. Simply put, no criminal laws say it's illegal, but if you engage in sexual conduct in a car in a public area and within public view, you might be charged with a crime.
Where is the safest place to hide money in your car? ›
Placing items under the floor mats or between seat cushions are also better options than the glove box and trunk. For added security, you can take two identical floor mats and glue them together, leaving a secret compartment between them to slide in items you want to hide.
Is putting stuff on peoples cars illegal? ›
This is considered littering and can result in fines or penalties. If someone puts your business cards on cars, they'll need to ask for permission first. Remember, business cards are a great tool for advertising, but they must be used responsibly and within the legality of the law.
What is health safety Code 11364? ›
H&S 11364: Possession of Drug Paraphernalia
Legal Definition: (a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking…a controlled substance…
What is Section 108860 of the California Health and Safety Code? ›
It is unlawful to manufacture, process, import, sell, deliver, hold for sale, supply, or offer for sale in this state any tableware that releases a level of lead or cadmium in violation of the standards contained in the Compliance Policy Guides 7117.06 and 7117.07 as described in 54 Federal Register 23485 or any ...
What is Section 1383.15 of the California Health and Safety Code? ›
(a) When requested by an enrollee or participating health professional who is treating an enrollee, a health care service plan shall provide or authorize a second opinion by an appropriately qualified health care professional.
What is the Health and Safety Code 11370 in California? ›
(a) Notwithstanding Section 11350 or 11377 or any other provision of law, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a crystalline substance containing phencyclidine, a ...
