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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
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Experience:  since 1983
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Hi my friend was with another friend that had a drug overdose

Customer Question

Hi my friend was with another friend that had a drug overdose in Ca, my friend called 911 and an ambulance came and picked up my friends friend, the police arrived and after sesrching the scene found a lot of the materials used for iving heroin hidden in the bushes , my friend hid them but they belonged to the person who went to the hospital they also found a gram of heroin in a pill bottle with my friends name on it that she had given to te friend doing drugs,the police then let my friend go but said she would likely be in a lot of trouble soon, I guess I'm asking how accurate what the police said was, and if so what would the legal ramifications be? Is there some sort of 911 good samaritan law
Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Attorney replied 1 year ago.
I'm sorry to hear this.

You asked: Is there some sort of 911 good samaritan law?

Yes there is. Almost. There will be soon.

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB472
states:
///
(e) It is the intent of the Legislature to encourage a witness of a drug-related overdose to call 911 or seek other emergency assistance in a timely manner in order to save the life of an overdose victim by establishing a state policy exempting minor drug possession or drug paraphernalia possession from criminal prosecution in situations involving medical emergencies.
///
SEC. 2. Section 11376.5 is added to the Health and Safety Code, to read:
11376.5. (a) Notwithstanding any other law, it shall not be a crime for a person to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if that person, in good faith, seeks medical assistance for another person experiencing a drug-related overdose that is related to the possession of a controlled substance, controlled substance analog, or drug paraphernalia of the person seeking medical assistance, and that person does not obstruct medical or law enforcement personnel. No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred.

Since this was just enacted as a non urgency statute, it will not take force until midnight of the last day of this month. So it will be in effect at the time of any trial in this case.

What seems notable to me is that you said that after the OD victim had been removed, the police searched the property. My opinion is that search was illegal without a warrant as there was no longer an emergency situation and they could have gotten a warrant and had no excuse not to. So if an occupant is charged the occupant of the place that was searched could object to the use of evidence obtained in the warrantless search of his or her home.

You can get a free consultation from some of the defense lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Criminal-Law/California

http://www.youtube.com/watch?v=i8z7NC5sgik
explains why you should not make any statements about this if questioned by the police.

I hope this information is helpful.

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