Defendant suffered overdose, and upon 911 call from his companion, sheriff's deputies performed CPR on him .Defendant asked them to bring his wallet and house keys, when he was about to be transported to hospital. Deputy observed a rolled-up dollar bill sticking out of wallet, and inside was substance which tested positive for heroin. Controlled Substances Act provides broad and unconditional protection from law enforcement present at the scene of an overdose, regardless whether location is a personal residence, vehicle, or business. Thus, court correctly found that Defendant was entitled to immunities granted under Section 414(c) of the Act, because heroin was discovered "as a result" of law enforcement entering the residence to provide emergency medical assistance as needed to prevent death by overdose.(LYTTON and McDADE, concurring.)
Illinois Appellate Court
Criminal Court
Possession of a Controlled Substance