People v. Schoultz CA2/5

FACTS

At approximately 9:00 p.m., on February 8, 2020, Los Angeles County Sheriff’s Deputy James Van Horn and his partner were patrolling the rest area of a truck stop and gas station in Castaic when Deputy Van Horn observed Schoultz smoking and dropping lit ashes to the ground. There were cigarette butts gathered around Schoultz’s feet. Deputy Van Horn was aware that Penal Code section 374.3, subdivision (a), prohibits the littering of lit ash and cigarette butts, so he

1 Schoultz concedes that he had no expectation of privacy with respect to the contents of a stolen car that was subsequently searched.

2 approached Schoultz and told him he could not drop ash or cigarettes on the ground. While talking to Schoultz, Deputy Van Horn noticed that Schoultz was experiencing involuntary jaw movement that caused Schoultz to grind his teeth. He also noticed that Schoultz’s pupils were constricted despite the low lighting conditions. Schoultz also had glossy sweat on this face, despite the fact that it was 55 degrees outside. Based on Schoultz’s symptoms, and drawing on his training and experience in recognizing symptoms from the use of narcotics, Deputy Van Horn believed Schoultz was…