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This post was originally published on this site
Yesterday, at about 5:30 a.m., police officers proactively patrolling the city while driving in the area of Wilson Street and Fairview Road, spotted a recent arrestee unlawfully camping on a public sidewalk, according to the Costa Mesa Police Department.
The camp included her property, trash, rotten food, and soiled fabrics. She was found to be in possession of methamphetamine and drug paraphernalia.
The suspect is known to law enforcement, with prior drug convictions and a refusal to accept resources or help. She also resisted arrest and refused to follow commnads. The police officers ultimately arrested her for unlawful encampment, possession of illegal drugs, and resisting arrest.
This is a sad reminder that not all persons experiencing homelessness want resources or our help. Some are resistant and instead violate the laws, create blight, and public health hazards that we then have to address for the sake of public safety.
Here are the penalties for each of the above-referenced offenses in California:
Unlawful Encampment
- Unlawful encampment can result in fines, citations, or misdemeanor charges. The specific penalties depend on local ordinances and enforcement practices. For example, lodging in a public or private place without permission can be considered disorderly conduct, a misdemeanor12.
Possession of Illegal Drugs
- Possession of a controlled substance is generally classified as a misdemeanor, especially for first-time offenders or small quantities. Penalties can include up to one year in county jail, fines up to $1,000, and probation. However, possession of larger quantities or more dangerous substances like heroin or cocaine can elevate the charge to a felony, which may result in up to three years in state prison34.
Resisting Arrest
- Resisting arrest is a misdemeanor under California Penal Code § 148(a)(1). It is punishable by up to one year in county jail and fines up to $1,000. This includes willfully resisting, delaying, or obstructing peace officers or EMTs performing their official duties56.