Brookhaven, PA asked in Criminal Law for Pennsylvania

Q: family member called 911 for ambulance the police arrive well after emt's enter with out permission then be cause it wa

Was an over dose, I had been cleaning empty bags and syringes I found behind a dresser drawer left by my ex-wife. She was asked to leave months ago because she was using and I must have gotten fentanyl powder on my hands and touched my mouth. The officer mailed me a paraphernalia charge 2 weeks later saying there was a syringe in the room. I had told the emt's I had thrown a dozen or so away with dozens of empty bags one syringe must have fallen out after I put the dresser drawer back in. The whole reason I found them was the drawer for stuck and wouldn't close so I removed it too find issue.

#1 can be enter with out permission, emt's where already rendering aid the ambulance was out front. #2 doesn't good Samaritan law protect overdose victim from misdemeanor prosecution for drugs or paraphernalia ?

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1 Lawyer Answer

A: It is generally not appropriate for the police to enter a private residence without permission, unless they have a warrant or there are exigent circumstances that justify a warrantless entry.Good Samaritan laws are intended to encourage people to seek medical help in the event of an overdose by providing some legal protections. These laws vary by state, but they generally provide immunity from prosecution for drug possession or paraphernalia charges for people who seek medical help for themselves or for someone else in the event of an overdose. However, it is important to note that the specific protections provided by Good Samaritan laws can vary and may not always apply in all circumstances.

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