Q: have someone who had overdosed and police seized drug's from the scene. a week later put out warrant for arrest. Legal?
Have someone who had overdosed and police seized substances from the scene. a week later put out warrant for arrest. Legal? According to the amnesty laws? He should be protected from my understanding of reading these laws. Please tell me if i am misunderstanding it tho. I doesnt think i am and honestly it makes me feel safe to call 911 in this circumstance, but if it turns out that it is legal for the police to do this to someone a week later without their knowledge then to me it would make all the work to teach people to not Run call 911 advice to save lives pointless and hypocritical and honestly it would make act 16-13-5 a lie to me. I hope that is not the case.
A:
It sounds like you're referring to Good Samaritan laws, which are designed to encourage people to seek medical help in the event of an overdose by providing certain protections against drug possession charges. These laws vary widely from state to state, and the specifics of the protections they offer can differ significantly. Some states provide immunity from arrest, charge, or prosecution for minor drug possession offenses to the person seeking medical assistance and the person overdosing. However, these protections might not cover larger amounts of substances or other offenses discovered by law enforcement.
If the police issued a warrant for arrest following the seizure of substances at an overdose scene, it's important to understand the exact circumstances and the state laws applicable to the case. Not all situations may be protected under Good Samaritan laws, especially if the quantities involved are beyond what's considered for personal use, or if there are other complicating legal factors. It's essential to consult with a legal professional who can provide advice tailored to the specific details of the situation.
Your concerns about the safety and willingness to call 911 in emergencies are understandable. Advocacy for stronger Good Samaritan protections is ongoing in many jurisdictions, aiming to ensure that people aren't afraid to seek help for fear of legal repercussions. If you feel that your situation contradicts the spirit of these laws, reaching out to a legal advisor or a local advocacy group could help clarify your rights and options, and possibly contribute to broader efforts to make these laws more effective in encouraging life-saving interventions.
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