People v. Teper

Defendant was convicted, after stipulated bench trial, of unlawful possession of a controlled substance. Section 414 of Controlled Substances Act, which provides immunity, in certain situations, from prosecution for possession of a small amount of a controlled substance for a person reporting or experiencing a drug overdose. Section 414 does not apply to Defendant, because evidence of Defendant's drug possession was not acquired as a result of Defendant seeking or obtaining emergency assistance. (HUTCHINSON and BIRKETT, concurring.)