arrested while helping an ODing friend

[emilyvb]

CALIFORNIA. i was at a friends for dinner, and his dad ran downstairs and said my friend, (his son) was overdosing. so i ran upstairs to help him, and gave him cpr while his dad called 911. i gave him cpr until the cops and ambulance showed up, and ran downstairs to flag them down. when the cops came inside they said i was "under the influence". i wasn't at the time, but i am a recovering addict and at the time i was in a program, and had relapsed recently, so when they tested me i had drugs in my system. they also found paraphenilia and syringes in my purse that i had forgotten about and never threw away. and since the same cop that arreted me this particular night arrested me a week earlier i got kicked out of the program i was in. basically i want to know if they can arrest/charge you if you are helping an overdosng friend?What is the name of your state (only U.S. law)?

 

[FlyingRon]

In a word, yes.
There's no immunity for breaking the law just because you're helping another criminal.

 

[cyjeff]

Of course they can.

 

[CdwJava]

i was in a program, and had relapsed recently, so when they tested me i had drugs in my system.

What drugs did they find in your system? Your relapse must have been REAL recent if they thought you were under the influence AND you tested positive.

they also found paraphenilia and syringes in my purse that i had forgotten about and never threw away.

Of course. after you were in recovery you simply NEVER looked in your purse and got rid of those things. Do you really expect a court to believe that?

and since the same cop that arreted me this particular night arrested me a week earlier i got kicked out of the program i was in. basically i want to know if they can arrest/charge you if you are helping an overdosng friend?

You were not charged with a crime for helping an ODing friend, you were charged with being under the influence of a controlled substance.

 

[HappyWanderer]

CdwJava seems a straight shooter with experience and knowledge. I don't think anyone on a jury will buy the story a person in Rehab hasn't looked in her purse. Besides, the metabolite will purge from the system in a generally appreciable time. "Recent" can be plotted fairly closely. (Within the margin of error for different people.)

Finally, you were NOT arrested for "helping an ODing friend", but for other crimes. If they should be illegal are a political discussion. That they ARE illegal has clear history and case law.

 

[dave33]

Yes, you can and are arrested for possession. It is to bad because people are reluctant to help other people because of the consequences. You did the right thing. Also because you had a past encounter with this officer and drug para. on your person this most likely also played a role in being arrested or not. goodluck.