Reported drug overdose in Maryland leads to heroin charges

On behalf of Jack B. Rubin, PA posted in Drug Charges on Monday, September 10, 2012.

Police often will respond to a home with no intent to make an arrest on any of the individuals who are present. However, if Maryland police arrive at a home and believe that criminal acts are being perpetrated; this suspicion could lead to a more extensive investigation. In a recent case, a man has been charged with heroin related drug offenses after an officer responded to his home based on the report that a woman had overdosed on drugs.

The police officer says that when he arrived at the home, he found a woman who was unresponsive. While the officer was attempting to assist the woman, he purportedly saw the man attempting to conceal items. After backup arrived, the officers placed the man in custody.

A subsequent search warrant was executed by police officials. As a result of the search, police say they found heroin and drug paraphernalia, including a syringe that they assert was filled with an unidentified drug. The man, identified as being 22 years old, was arrested and now faces several drug charges. Police have stated that more criminal charges may be brought in the future.

It has not been made clear by Maryland police what items the man was said to be trying to conceal while the officer was treating the woman. Although the man’s acts may have been suspicious, if there is not enough evidence to support that criminal acts were being committed at that time, this may be grounds to look critically at what led the authorities to believe that the man was engaged in criminal actions. If the officers did not locate drugs such as heroin or drug paraphernalia on the man’s person, this could provide a reasonable basis to contest the allegations. This legal argument could result in suppression of evidence obtained incident to the arrest, a suppression that could make the prosecution’s already difficult burden even more difficult to prove at trial.

Source: WUSA-TV, “Steffen Zachary Monger Charged After Woman’s Reported Drug Overdose, Heroin And Syringes Recovered,” Sept. 4, 2012

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