People v. Slavens CA3

I. BACKGROUND

In July 2020, defendant was serving his probation in Shasta County Superior Court case Nos. 19F2250 (case No. 250) and 16F6091 (case No. 091). As a condition of his probation, defendant was prohibited from using illegal drugs and was required to submit to regular drug testing. On July 14, 2020, defendant arrived at the probation office to provide a sample for testing. Deputy Probation Officer Casey Verne Chorpenning brought defendant into the “back office” restroom to “watch him provide the urinalysis sample.” Deputy Chorpenning then walked defendant out of the restroom and showed the sample to defendant’s probation officer, Deputy Probation Officer Delina Brown. Deputy Brown was able to see that the sample tested positive for methamphetamine and amphetamine; she asked defendant to sit in the chair just outside the bathroom. Deputy Brown then asked defendant when he last used drugs; he admitted to using “two or three days ago while he was in custody.” Deputy Brown asked defendant to stand up and “place his hands on the wall.” Defendant stood, placed one hand on the wall then looked over both his shoulders. Deputy Chorpenning was nearby filling out paperwork; Deputy…