FAQ: Coachella Festival Drug Arrest

Are there undercover police officers at the festival?

Yes. There are a lot of cops from the California Department of Alcoholic Beverage Control. They are undercover and try to blend in with the crowd. That means that they will also be dressed like everyone who is attending the festival and act as if they are just a normal festival goer. Undercover officers may have shaggy beards or bikini tops. Undercover officers may be heavily tattooed. You will not be able to recognize who is an officer, so just be paranoid until you have taken your drugs. They could be anywhere, but to be clear enforcement is extremely sporadic. Each weekend many thousands of people do drugs, yet there are only about 100 drug arrests each weekend. Please take precautions so you are not one of the unlucky ones!

Do police use social media to connect with drug dealers?

Yes. Police were active on social media during the 2023 festival. Officers created fake accounts and offered to buy drugs.

How do people get caught with drugs at the festival?

The most common way people get caught is because officers see “suspicious” activity as a person walks through security at the festival entrance. Officers are looking to see if a person is nervous or appears to be concealing something or passing something. If they see a person do something suspicious, they will most likely pull them off to the side to interrogate and search that person. Women may be asked to shake their bra while going through security - if that is your hiding spot use tape! Other people get caught because they take a package from their socks or underwear and hand it to another person.

Another common spot where undercover cops may be lurking is the locker area. People will often meet up there to retrieve and pass drugs. If a police officer sees you do anything suspicious, multiple officers will approach you and begin questioning you.

Do undercover officers conduct buy-bust stings at the festival?

Yes. It is never a good idea to sell drugs to anyone in the crowd at Coachella. For example, if a good-looking woman wants some molly or a joint from you, don’t sell it to her because she might be an undercover cop. Although it is legal to give away marijuana, it is always best to keep your drugs to yourself. If anyone tries to give you a payment for drugs, you should never accept it.

If I ask someone buying drugs from me “are you a cop?” Do they have to answer truthfully?

No. This is urban legend. Officers routinely lie to suspects and the courts and prosecutors have always allowed lying in undercover operations.

What should I do if approached by police?

You CAN walk away from police if you are not being detained.

In addition to video recording (see below), remember you do not have any obligation to speak to the cops. If someone approaches you and they do not identify themselves as a police officer, just tell them to leave you alone. You have no obligation to speak to anyone. If a police officer approaches you and identifies himself or herself, the first thing you want to ask is if you are being detained. If the officer says no, you should walk away. If they say you are being detained, you should take the 5th and refuse to answer any questions - just tell the officers "I am asserting my right to remain silent."

Speaking to the police is almost never a good idea. Your statement will be distorted and used to prove you guilty. You can’t talk your way out of an encounter like this, except by shutting up and refusing a “consensual” search.

The cops told me that it is better to just confess and be as cooperative as possible so that the DA and judge will be more lenient to me in court. Is this true?

NO. This is a bald-faced lie. Confessing and allowing a search are the worst things you can do. Your confession will only be used to prove the case. Evidence seized in a consensual search will be used against you. “Cooperating” in this way only results in an airtight prosecution, not leniency. Almost everyone arrested for drug offenses will do Penal Code section 1000 diversion. The only way you will get out of drug diversion and get an outright dismissal is if the police or prosecution have difficulty proving the case.

Do I have to agree to let the police search my pockets, backpack, or purse?

NO! If police ask to search your belongings, just say “NO!” Only allow a search if you have been commanded by an officer. Do NOT be scared to ask for specific clarification from an officer about the command. For example, you can say, "I do not consent to any search of my property. Are you commanding me to allow the search?"

It is best to get your refusal to search on audio or video recording, because if your objection to the search is weak or half-hearted, the officer’s report will most likely say something like, “I asked the subject if I could search his pockets and backpack. The subject consented.”

Can I video or audio record the police?

Yes. The first thing you want to do in this kind of situation is record your encounter with the police. It is always best to have a friend of yours who witnesses the encounter record it. You should also record in order to ensure that you are able to capture everything that is being said during your encounter with the cops - turn the video recorder on but don’t point it at police. If you are by yourself then it is even more important that you pull out your phone and start recording. As of 2022 Alcohol Beverage Control undercover officers at the festivals were still not using any sort of recording device to document arrests. Your recording of the arrest will be the only reliable record of your encounter with police.

If the police search me and find drugs, what will they do?

You will be arrested and handcuffed, then transported by golf cart to “Festival Jail”, which is a tent where they take arrestees for processing. Never answer any of their questions, except your name and identifying information. Officers will photograph you and any drugs that they found on your person. Then they will give you a citation for a criminal case with a court date in the month of August. After all of this is done, you will be released back into the festival. The same thing applies for an alcohol arrest.

Do I need to appear at my court date?

If you have hired an attorney then you are not required to appear at your court date. Your attorney will appear for you at every court date. If you don’t have an attorney then you must attend the court date or the judge will issue a warrant for your arrest.

Do I need an attorney?

With these kinds of cases most people will enter diversion. If there is a defense such as unlawful search or lack of evidence, then you might want to consider hiring an attorney. If you are from out of state or from out of the country, there can be complications without an attorney as well. If you are someone who has a professional license, it is always recommended to use extra scrutiny to find some kind of defense. Another thing to consider is if you have to travel long ways it might be cost effective to hire an attorney - your attorney will appear at your court dates for you and you will not need to make the trip.

For people who live in southern California and confessed and consented to a search, I usually recommend that you go to court yourself and save the attorney fees. You are welcome to call my office and talk about your specific case to sort out if this is the best option for you.

If a warrant is issued for my arrest and I live in another state, will I be extradited?

No. However, it will show up on background checks.

I live in a foreign country, do I need to go to court?

If you fail to appear on your case - either in person or with an attorney - a warrant will be issued for your arrest. However, you will not be extradited to the U.S. to face charges. But you should be aware that a warrant for a drug crime might prohibit entry into the U.S. in the future. In short, if you live in another country and have zero interest in EVER returning to the U.S. again, it is unlikely you will face any consequences in your home country if you fail to appear.

What will happen at the court date?

You will not need to appear if you have retained an attorney to represent you in your case. Your attorney will be able to get the police report and set another court hearing. Your attorney can e-mail you the police report for review.

Another thing your attorney might do at your first court appearance is submit the paperwork for a drug diversion program. This usually doesn’t happen unless the case isn’t defensible. Non-defensible cases usually involve consent to search and a confession…

If you do not have an attorney, the prosecutor will give you forms to sign to enter diversion. You will not be shown the police reports if you appear without an attorney.

Am I eligible for drug diversion?

If you possessed the drugs for personal use and have no prior drug convictions, you are eligible for Penal Code section 1000 drug diversion. You sign up for drug diversion without entering a guilty plea and the case is dismissed and sealed after the program is completed.

Since 2022, the Indio judge has allowed defendants with no criminal record an easier option, Penal Code 1001.95 (Judicial Diversion). The judge allowed them to complete 40 hours community service, complete an 8 hour online drug education class, and pay a $100 fine to earn a dismissal after only 6 months. This easier option is at the discretion of the judge and will probably be an option for most defendants facing charges in 2024 as well. Judicial Diversion was only available for defendants with absolutely no criminal record and low quantities of drugs.

How does the drug diversion program work?

The program will take a total of 18 months. If you live in Riverside County your diversion program will be The Awareness Group. A total of 30 hours must be completed throughout a period of 16 weeks. The total cost of the program is approximately $496. If you are not from Riverside County, every other county in the state of California has its own PC 1000 diversion program. You will still be required to apply with The Awareness Group, and they will help you find a local program where you reside.

How do I complete Penal Code section 1000 diversion if I live in another state or a foreign country?

You will still need to enroll with The Awareness Group. They will seek to find a similar in-person program in your local area.

Can I do my PC 1000 classes online?

Maybe. All types of probation classes went online in 2020. Whether you have to do classes online or in person will depend on the state or county where you reside.

How does my drug arrest appear on a background check?

After your case has been filed, usually in July or early August, it is likely to come up on a background check as a pending matter. The case may also show as a pending matter while the diversion process is underway. After the case is dismissed then it is sealed. The arrest and charge will only show up in very limited circumstances.

I am not a U.S. citizen, how will the conviction affect my immigration status?

Penal Code 1000 was recendly redrafted to help protect immigrants. No guilty plea is required to take advantage of the program, so it does not count as a conviction under Federal law.

However, this does not mean you are in the clear for immigration purposes. You do not need to have a conviction to be deported or denied entry to the U.S.. Immigration can also be problematic during the 18 months that the case is pending. I always recommend that non-citizens consult with an immigration attorney and criminal defense attorney to review the specifics of their personal situation.