P.

FACTS AND PROCEDURAL HISTORY

On December 5, 2008, Deputy Odilon Malagon of the Ventura County Sheriff's Department responded to a 911 call reporting that a man was yelling, screaming, and talking to himself while working on the roof of a residence. Appellant, who matched the description of the suspicious individual, was sitting in the driver's seat of a truck parked in front of the residence. Deputy Malagon approached appellant and asked if he was working at the residence. Appellant responded in the affirmative and took the deputy to speak with the homeowner. During the conversation, appellant appeared nervous and restless. Based on his training, Deputy Malagon suspected that appellant might be under the influence of a central nervous stimulant (CNS) or other illegal drug. Appellant accompanied Deputy Malagon back to his patrol car, where the deputy conducted a drug abuse recognition (DAR) evaluation and asked appellant about recent and past drug use. Appellant admitted using cocaine several hours earlier. Based on appellant's symptoms, admission of recent drug use, and the results of the DAR evaluation, Deputy Malagon arrested appellant for being under the…