Raritan 911: Robocop

Carson

Sport Bacon
Team MTBNJ Halter's
Patrol officers now carry Narcan nasal spray as an intervention for opiate drug overdoses. During the training, the instructor advised us that when the patient comes around, he or she "may be very annoyed and combative as you just ruined the best high of their lives".

Officer was dispatched for an unresponsive female at one of our local highway hotels. Officer arrives to find one of our frequent flyers. She is unconscious, cyanotic, not breathing, with a pulse of 30. He administers Narcan. 60 seconds later, she's talking to the officer, telling him she had only fallen asleep; that she can't use heroin because she's allergic to opiates. As per protocol, she is transported to the hospital for evaluation by a doctor.

30 minutes later, we are dispatched to the hospital for the same female. She asked a nurse to use the restroom and proceeded to snort the rest of the heroin she had tucked in her bra.
 

rlb

Well-Known Member
Could have but didn't. I confirmed he drove. You know these aren't episodes of Law and Order, right?

I always imagined it more like this

beastieboys-sabotage-3.jpg
 

rlb

Well-Known Member
30 minutes later, we are dispatched to the hospital for the same female. She asked a nurse to use the restroom and proceeded to snort the rest of the heroin she had tucked in her bra.

Gotta let he hit bottom, so she'll want to help herself.

Not looking for specifics of this case, but in general does the person usually get arrested after the hospital visit?
 

Carson

Sport Bacon
Team MTBNJ Halter's
Gotta let he hit bottom, so she'll want to help herself.

Not looking for specifics of this case, but in general does the person usually get arrested after the hospital visit?

Short answer: Not since 2013.

Long answer:

2C:35-31 Protections for certain persons experiencing a drug overdose.


8. a. A person who experiences a drug overdose and who seeks medical assistance or is the subject of a good faith request for medical assistance pursuant to section 4 of this act shall not be:

(1)arrested, charged, prosecuted, or convicted for obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of, a controlled dangerous substance or controlled substance analog pursuant to subsection a., b., or c. of N.J.S.2C:35-10;

(2)arrested, charged, prosecuted, or convicted for inhaling the fumes of or possessing any toxic chemical pursuant to subsection b. of section 7 of P.L.1999, c.90 (C.2C:35-10.4);

(3)arrested, charged, prosecuted, or convicted for using, obtaining, attempting to obtain, or possessing any prescription legend drug or stramonium preparation pursuant to subsection b., d., or e. of section 8 of P.L.1999, c.90 (C.2C:35-10.5);

(4)arrested, charged, prosecuted, or convicted for acquiring or obtaining possession of a controlled dangerous substance or controlled substance analog by fraud pursuant to N.J.S.2C:35-13;

(5)arrested, charged, prosecuted, or convicted for unlawfully possessing a controlled dangerous substance that was lawfully prescribed or dispensed pursuant to P.L.1998, c.90 (C.2C:35-24);

(6)arrested, charged, prosecuted, or convicted for using or possessing with intent to use drug paraphernalia pursuant to N.J.S.2C:36-2 or for having under his control or possessing a hypodermic syringe, hypodermic needle, or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog pursuant to subsection a. of N.J.S.2C:36-6;

(7)subject to revocation of parole or probation based only upon a violation of offenses described in subsection a. (1) through (6) of this section, provided, however, that this circumstance may be considered in establishing or modifying the conditions of parole or probation supervision.

b.The provisions of subsection a. of this section shall only apply if the evidence for an arrest, charge, prosecution, conviction or revocation was obtained as a result of the seeking of medical assistance.

c.Nothing in this section shall be construed to limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of this act or with regard to other crimes committed by a person who otherwise qualifies for protection pursuant to this act. Nothing in this section shall be construed to limit any seizure of evidence or contraband otherwise permitted by law. Nothing herein shall be construed to limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in subsection a. of this section. Nothing in this section shall be construed to limit, modify or remove any immunity from liability currently available to public entities or public employees by law.
 

Norm

Mayor McCheese
Team MTBNJ Halter's
Can you summarize the long answer into a shorter answer without all the legal horse shit?
 

jnos

Well-Known Member
30 minutes later, we are dispatched to the hospital for the same female. She asked a nurse to use the restroom and proceeded to snort the rest of the heroin she had tucked in her bra.

I can't believe she forgot that she was allergic to opiates! She should be more careful...
 

Carson

Sport Bacon
Team MTBNJ Halter's
Do hospitals not have Narcan?

Yes, they have Narcan. They called because it's a crime to possess heroin, not for our Narcan.

Can you summarize the long answer into a shorter answer without all the legal horse shit?

If you use heroin and you call or your friend(s) call 9-1-1 for help, you are immune from criminal prosecution.

I can't believe nobody found the vial when they groped her!

Kidding...kidding...

You are such a square. Heroin is generally packaged in wax folds/baggies in NJ. Not vials.
 

rlb

Well-Known Member
If you use heroin and you call or your friend(s) call 9-1-1 for help, you are immune from criminal prosecution.

But if a passer-by calls because someone passed out at location X that someone is likely screwed if they're still in possession of a substance?
 

Patrick

Overthinking the draft from the basement already
Staff member
they are good - passer by has looted them, junkie rule doh.....
 

Carson

Sport Bacon
Team MTBNJ Halter's
Isn't this just 1 big Get Out of Jail Free card that pretty much covers everyone all the time?

Yes and no. The statute is pretty specific. However, the defense attorneys will challenge cases and likely get the statute "expanded" through case law set by the liberal judges in this state.

FUN FACT: In 49 states, the police can search your garbage at the curb. They consider it "discarded", no longer in your possession, and thus there is no right to unlawful search. In the 50th state (NJ), I need a search warrant to open your garbage bag. Sometimes I wish I worked in Texas (but kept my NJ salary).

Yeah that was my question. Does this just apply to heroin or anything (like script drugs, booze, etc)?

Opiates. Heroin, oxycodone, morphine, demerol, etc. So yes, some legally-prescribed pills are covered under the statute. Being intoxicated is not a crime in NJ without other factors (driving, being disorderly, etc). But OD on cocaine or meth? You're getting charged.

But if a passer-by calls because someone passed out at location X that someone is likely screwed if they're still in possession of a substance?

If a passer-by calls, the OD victim can be charged with possession. At least at this point.
 

Juggernaut

Master of the Metaphor
While I agree with the general disgust, it's not as if the officers have discretion as to the application of the law. It is what it is. It's the MENSA candidates we rubber stamp into perpetual office we need to evaluate more diligently.
 

capedoc

Well-Known Member
Team MTBNJ Halter's
FUN FACT: In 49 states, the police can search your garbage at the curb. They consider it "discarded", no longer in your possession, and thus there is no right to unlawful search. In the 50th state (NJ), I need a search warrant to open your garbage bag. Sometimes I wish I worked in Texas (but kept my NJ salary).

Ha! I learned this by watching Better Call Saul.
 

soundz

The Hat
Team MTBNJ Halter's
FUN FACT: In 49 states, the police can search your garbage at the curb. They consider it "discarded", no longer in your possession, and thus there is no right to unlawful search. In the 50th state (NJ), I need a search warrant to open your garbage bag. Sometimes I wish I worked in Texas (but kept my NJ salary).

Why? Do you want to rummage through garbage? Maybe I would do it too if it was legal and I could dig up dirt on my ex-girlfriends ;)
 

soundz

The Hat
Team MTBNJ Halter's
Opiates. Heroin, oxycodone, morphine, demerol, etc. So yes, some legally-prescribed pills are covered under the statute. Being intoxicated is not a crime in NJ without other factors (driving, being disorderly, etc). But OD on cocaine or meth? You're getting charged.

Don't do cocaine. Do heroine.
 
Top Bottom