People v. Macias CA6

I. Statement of Facts

Shortly after midnight on June 17, 2012, a sheriff’s deputy stopped defendant’s vehicle, because it did not have a front license plate. Defendant did not have insurance for his vehicle. A records check revealed that there was a court order restraining defendant from possessing or owning firearms. When the deputy asked defendant whether he had any firearms, he initially stated that he did and then he stated that he did not. Defendant became increasingly nervous, shifted around, was sweating, and had rapid speech during their conversation. Defendant was eventually arrested for being under the influence of a controlled substance. When the deputy searched defendant, he found a small bag containing .8 grams of cocaine. Since defendant’s vehicle was going to be towed, the deputy conducted an inventory search and found a loaded handgun and a Hell’s Angels Motorcycle Club jacket. Defendant had a tattoo on his abdomen with the words “Hells Angels” and a swastika.

II. Discussion

Defendant contends that three of the probation conditions are unconstitutionally vague. The trial court stated the conditions as follows: “Not to possess drugs, drug paraphernalia; gang…