Ellison

The focus of this appeal is the constitutionality of Health and Safety Code section 11532. Under this section it is unlawful to loiter in any public place with the intent to commit specified offenses involving certain controlled substances. Appellant asserts this statute is vague, overbroad, and contrary to the separation of powers doctrine.

However, contrary to appellant’s argument, section 11532 meets all constitutional requirements. The statute provides both adequate notice of the proscribed conduct and sufficient enforcement guidelines. Further, section 11532 neither criminalizes constitutionally protected conduct nor empowers the police to determine what types of behavior constitute a crime.

Statement of the Case and Facts

While patrolling an area known for drug trafficking, an officer assigned to the narcotics enforcement unit watched appellant engage in what appeared to be a drug transaction. When appellant saw the patrol vehicle, he threw a small object on the ground. This object was a paper bag containing a useable amount of cocaine.

The officer detained appellant and retrieved the cocaine. Appellant first gave the officer a false name but later correctly…