Q: Police legal protocol at overdose
when you call 911 because your friend overdoses, and police and paramedic's arrive. After victim is conscious and in route to hospital do the police have the right to search your room and seize items that are not drug related and that where not visible? (Hamper,under mattress, in drawers, in a shut but unlocked safe) without a warrant or consent?
A: Typically there is no crime scene exception to the search warrant requirement unless exigent circumstances exist. To establish authority to conduct a search based on exigent circumstances, law enforcement officials must demonstrate one or more of the following; threats to life or safety, the risk of immediate destruction or removal of evidence, or that there is a risk that the suspect will try to escape or is attempting to flee the scene.
A: I’m assuming they found something and charged you or your friend, with a crime. If so, as the other lawyer said, they may not have had any business in your business. If not, as annoying as it is, I’d drop it.
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