Arrest for Being Under the Influence in My Own House

My question involves criminal law for the state of: California County of Yuba.

Ok, I have a problem with a false arrest for HS 11550 Under The Influence. I do have a criminal history in this county and have been harassed by the Police and Sheriff's departments.

So here is the detailed story of what happened:
Last month I was arrested for Arrested for Being Under the Influence. I asked my mother to call 911 because i had thought I was having a heart attack. It takes her over 2 hours to call after my uncle had forced her to call. My mother and uncle are suicidal and legally 51/50, schizophrenics that take 2 dozen meds every day each, the reason I am living with them to take care of them. Now instead of an ambulance 2 cops show up and wake me up. Takes them 10 minutes to wake me up. They ask me what the problem was but I am unable to give coherent nor accurate answers and my uncle and mother start telling them that I'm high on meth. The cops ask me more questions and do the tests. They arrest me and take me to jail and force me to take a urine test and stick me in the drunk tank, around 12 hours later I'm released with a court date. 3 weeks later when I go to court I'm not on the roster and no charges were filed. 10 days after that I get a notice in the mail stating that charges were filed and I had to be in court later this month.

Now I know shouldn't have been arrested for under the influence in my own house, never set foot outside until I was in cuffs. Even if I was high on meth it's not illegal to be high while inside my own residence, it's illegal to possess the drug or paraphernalia. I don't do drugs illegally but do take legally prescribed medications. I'm tired or being harassed and getting arrested for nothing. I can't remember the exact case but a drug user was acquitted on Under the Influence charges for being in his own house. I also need to find out the HS code for inside your own residence. Hopefully I can get some help here so my lawyer can get this charge dropped so my time, judges time, and money & taxes isn't wasted.

Thanks for any help anyone can give me.

Quote:

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Quoting Black Widow Designs

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My question involves criminal law for the state of: California County of Yuba.
Now I know shouldn't have been arrested for under the influence in my own house, never set foot outside until I was in cuffs. Even if I was high on meth it's not illegal to be high while inside my own residence, it's illegal to possess the drug or paraphernalia.

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California Health and Safety Code section 11550(a) states:

11550. (a) A person shall not use, or be under the influence of any controlled substance that is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), (21), (22), or (23) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (1) or (2) of subdivision (d) or in paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic drug classified in Schedule III, IV, or V, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. It shall be the burden of the defense to show that it comes within the exception. A person convicted of violating this subdivision is guilty of a misdemeanor and shall be sentenced to serve a term of not more than one year in a county jail. The court may also place a person convicted under this subdivision on probation for a period not to exceed five years.

Note two things. First, the statute expressly makes it illegal to use or to be under the influence of any of the controlled substances mentioned, and there is no exclusion in that that statute for being in your home when you use or are under the influence of the drug. Second, if you were using or under the influence of the drug because you had a valid medical prescription to take it that is a defense you can assert to the charge, but the burden is on you to prove you had the prescription. I can’t think of a basis in which a court would conclude that this section does not apply to you when you are inside your home. You’ve been charged with a crime, so your best bet is to consult a lawyer. If there is case law stating that this statute doesn’t apply to you while in your home (though I strongly suspect there isn’t any such case law) the lawyer will know how to find it and use it to help you. If, as you imply, the drugs were legally prescribed the lawyer will know how to present that, too, to get the charges dismissed or win acquittal.

You are thinking of Section 647(f) of the California Penal Code, which prohibits being under the influence of alcohol or drugs in public. But, you weren't charged with 647(f), so you can't avail yourself of the "not in public" exemption.

As a side note, one of the reasons the law prohibits intoxication is that people under the influence tend to conduct themselves in such a manner as to place themselves or others in danger, and in doing so unnecessarily become a public burden. You appear to be a prime example. You were voluntarily under the influence to such an extent that you thought you were having a heart attack, requiring a response from two emergency personnel. Upon arrival, it took them 10 minutes to wake you from your drug induced stupor. It was then necessary to take you into custody for your own safety.

Including response time, investigation, transportation, medical clearance, booking, report writing and review, you most likely took two first responders out of service for a combined total of six personnel hours just so you could get high. That denied the public six hours of police protection that could have been better spent handling more serious matters.

So let's review. The police are corrupt because you have intentionally become a burden to society. Explain to me how that works again?