P.

FACTS

Case No. F11600749 March 15, 2011 Offenses At approximately 6:30 p.m. on March 15, 2011, Officer Manuel Chavez of the Sanger Police Department (SPD) was on foot in a park in Sanger, conducting a “[p]atrol check” for “criminal activity,” when, from a distance of approximately six to eight feet, he saw appellant, his back towards the officer, “straddling” a park bench and holding a syringe which contained a “brown substance.”2 On the bench approximately six inches from where appellant was sitting was a “rig,” i.e., “a combination of tools used to prepare the drug,” consisting of an aluminum cap, a piece of cotton and another syringe. There was a “Styrofoam” cup between his legs. Officer Chavez approached appellant from behind, and when appellant became aware of the officer’s presence, he (appellant) quickly dropped the syringe he was holding, placed the aluminum cap and cotton in the cup, and “swipe[d]” the other syringe off the bench. Chavez asked appellant to stand, appellant complied and moved away from the bench, and the officer picked up off the ground the syringe appellant had been holding. Chavez asked appellant what it was and appellant responded, “‘You know man. It’s…