Legal Question in Criminal Law in California

Emergency room privacy rights

Following ingestion of a controlled substance subject walked to the corner and called 911 due to health concern [rapid heartbeat]. Emergency crew [Fire dept]arrived and subject admitted to ingesting the controlled substance for purpose of receiving proper medical treatment [had none in posession]. Medical confidentiality was requested at that time. Subject was transported by ambulance to hospital. Further admission of ingestion of the substance was made to emergency techs and hospital staff. A blood test was taken by hospital staff for ''diagnostic'' purposes. Police were present at emergency room. Police said ''We are not going to arrest you.'' but sat next to subject and took a lot of notes.They did not arrest or cite subject thereafter but discussed a citation among themselves. Question: There were no controlled substances on person of subject other than what may have been obtained by the blood sample. Can the police use medical blood test results or any verbal admission to medical/emergency personnel to prosecute subject for any drug charges or issue a citation at any point in the future or use same to obtain search warrants?


Asked on 3/28/05, 10:09 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Emergency room privacy rights

You can be prosecuted for drug possession based on any admission you make to the police that you used the drugs, even if you have consumed all your drugs and no longer have any in your possession. I don't think a statement to medical personnel would be admissible. Moral #1: If you ingest an illegal drug, and you become hung up worrying about your heart rate, without more, it is probably not a good idea to go to the emergency room. More than likely, you will come down from the drug without needing medical attention. Moral #2: The only thing you should say to the police is, "I want to call my lawyer." Say the magic work "lawyer" and they have to stop questioning you.

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Answered on 3/28/05, 10:39 pm


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