Troubled action man Tom Sizemore is behind bars in Los Angeles after a judge declared his drug use was "out of control" at a probation hearing for the BLACK HAWK DOWN star.

Judge ANTONIO BARETTO ordered police guards to arrest the actor in court yesterday (10FEB05) and take him into custody after hearing he had violated his probation terms by failing a drug test.

In his defence, Sizemore told the court he was destitute and living in a garage in Whittier, California. He also claimed to be an expectant father, but Baretto was far from sympathetic, stating, "I had hoped and wanted to see a positive performance."

Last month (JAN05) Sizemore had requested permission from the courts to go to Cambodia to shoot a new film. Baretto had agreed, on the condition that he undergo and pass a drug test every day prior to his departure.

According to the City Attorney, Sizemore failed the test on the very first day.

Meanwhile, Deputy City Attorney ROBERT CHA has told news show CELEBRITY Justice that officials recovered what appears to be a prosthetic penis attached to a pair of Sizemore's underwear with a plastic container filled with clean urine.

Cha states that this device is commonly used to try and falsify the results of urine-based drug tests.

Sizemore has reportedly been caught once before trying to use a similar device.

Bail for the actor, who was convicted in 2003 for domestic violence involving his then fiancee Heidi Fleiss, has been set at $25,000 (GBP13,160).

11/02/2005 03:10