Legal Question in Criminal Law in California

Re: public intoxication and drug possession

What needs to be proved

Health & Safety 11357(B)

Unlawful possession of marijuana may be established by proof that a defendant: (1) exercised dominion and control with respect to marijuana, (2) had knowledge of its presence, and (3) had knowledge of its narcotic character.

PC 647(F)

Public intoxication is proved when evidence can establish a person is in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination so that he or she is unable to exercise care for his or her own safety or the safety of others, or interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

As to 4th Amendment rights, your son may have had his rights violated. The critical issue is whether his public intoxication was established prior to being searched. If it was clear that he was intoxicated in public, then the cops were within their powers to arrest him. Once under arrest, cops have the right to search anyone legally arrested.

Good luck with your son's case.