Rupf v. Yan

Opinion

KLINE, P. J.

Introduction

Welfare and Institutions Code section 8102 authorizes the confiscation and possible forfeiture of firearms or other deadly weapons from persons

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taken into custody for evaluation of their mental condition under Welfare and Institutions Code section 5150.

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Appellant Alexander Almelia Yan challenges the constitutionality of section 8102 on its face and as applied to him. He argues there is no relation between the legislative intent behind the statute and its application and that it is vague and overbroad. He further argues that the court erred in admitting hearsay evidence and in basing its decision thereupon. Finally, he contends the court’s determination that return of the firearms would be likely to result in endangering himself or other persons is unsupported by substantial evidence.

Facts and Procedural Background

On May 10, 1998, Deputy Sheriff Richard Fuller was called to Doctor’s Hospital in San Pablo following an incident involving appellant at his home. Fuller detained appellant for a mental evaluation pursuant to section 5150 because he concluded that appellant was a danger to himself. Fuller based his conclusions upon the totality of circumstances he learned from an emergency medical technician (EMT) at the scene, medical staff, appellant himself, and appellant’s mother and sister. These facts included the following:

Appellant’s mother made an emergency 911 call after hearing a thump in the bathroom and finding appellant on the floor. An EMT responded to the call and found appellant in a drug-induced state. Appellant admitted to Fuller that he had been depressed about work and school. He admitted he had deliberately taken approximately four pills of carisoprodol, a prescription painkiller or relaxant drug, commonly referred to as Soma. Medical staff at the scene of the incident believed appellant had taken more than four pills. Appellant’s mother and sister told Fuller appellant had been under stress. His sister said the pill bottles found at the scene belonged to appellant and that she had discovered the bottle marked carisoprodol in appellant’s bathroom. Two bottles of carisoprodol were found at appellant’s home, one empty bottle and one bottle marked with a capacity of 500 tablets. Fuller counted 382 tablets remaining in that bottle. Appellant admitted at the hearing that he did not have a prescription for the carisoprodol.