Phoenix, AZ asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico

Q: Medical emergency. Overdose. Cop sees pot growing in closet. Next day cops come with search warrant.

I was charged arrested with possession of a controlled substance. Hired a attorney got my charges dismissed. The overdose statue 30-31-27.1. Can I sue police dept for search warrant charges arrest. Because this should of never happend.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If the actions of the police department violated the protections afforded to you under statute 30-31-27.1 or any other law, you may have grounds to bring a civil action against the department. The mentioned statute provides immunity from arrest, charge, and prosecution for individuals seeking medical assistance for themselves or another person experiencing a drug overdose.

However, the viability of a lawsuit would also depend on other factors, including the specific facts of your case, the evidence available, and whether the officers acted in good faith. Additionally, certain immunities may protect police officers and the department from civil liability.

Before taking any action, it's essential to consult directly with an attorney to evaluate the specific details of your situation. They can help determine the best course of action and potential remedies available to you.

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