Illegal drugs spotted by law enforcement officers during an emergency "good Samaritan" call to prevent a fatal overdose can be used as probable cause to obtain a search warrant, the Court of Appeals ruled Monday.
The decision clears the way for drug possession charges to be reinstated against Angela Joy Derstine of Clay County in northwestern Minnesota. Her defense attorney, Brian Toay of Fargo, said it could result in future reluctance to placing lifesaving phone calls in the event of an overdose "if they think they're going to be scrutinized heavily when the police arrive."
Under Minnesota law, a good Samaritan who calls 911 in the event of an overdose cannot be prosecuted for possessing, sharing or using a controlled substance. But the Court of Appeals said the law doesn't bar police from using information gained during the rescue to investigate other crimes.
Toay said he plans to ask the state Supreme Court to take the case. He said North Dakota recently passed laws that give stronger protections to good Samaritans in overdose calls.
The Minnesota case began in April 2019 when police went to a mobile home in response to a call about a drug overdose. The victim admitted to overdosing on narcotics, the court said. Derstine was not at the home during that incident.
A person identified only as S.K., who was at the home, told police that the victim, who was not identified, uses methamphetamine daily. Police also learned that the owner of the mobile home, who was also not identified, allowed S.K. to live there.
During the rescue visit, police saw in plain view a plastic, zip-sealed baggie containing a small white crystal "consistent with" meth, the ruling said. They never tested the contents.
Police successfully used the sighting of the baggie as part of a search warrant application to a judge.
