Legal Question in Criminal Law in Minnesota

I have a 2 questions in one

1 Is it legal for a police officer to search me if I was not awake, and was too intoxicated to give consent.?

.then Upon arrest, they decided I was at risk of overdose and sent me to the hospital where they gave me narcaan, and

2. Was it legal for the arresting officer to accompany me to the hospital, in order to question me intensely as soon as the narcaan woke me up and I was confused, didn't know what was going on, was still under effects of whatever I was intlxicated with but I was also suffering immensely under the effects of the narcaan. I mean I understand why the doctor gave it to me. But was it legal for the police officer to interrogate me starting seconds after the doctor administered it?


Asked on 10/22/20, 5:46 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Was a police search lawful? That will depend upon all the circumstances. Consent is a way that a person can waive or give up their legal rights. But lack of consent alone does not always make a police search illegal. Your lawyer (or future lawyer) should be able to assess this once all information is available. I have had cases in the past where police questioned my client at the hospital under the influence of drugs; and have successfully argued to ta judge that my client's statement was as a result involuntary, and so must be suppressed. But again, each case has its own circumstances.

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Answered on 10/22/20, 7:55 am


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