State v. Miller

Citations

• 2019 Ohio 3294

Syllabus

The trial court erred in part in dismissing the indictment against appellant. The immunity that R.C. 2925.11(B)(2)(b) provides for persons experiencing overdoses does not apply to prosecution of offenses that occurred prior to the individual's overdose or that are not outlined in the statute those offenses should not have been dismissed. However, the trial court did not err in dismissing the drug possession charge based on drugs that were found after appellant was taken to the hospital, even if the drugs could have been discovered in a routine search at the jail or pursuant to a search done incident to appellant's arrest on other charges. R.C. 2925.11(B)(2)(b)(i) is unambiguous and provides immunity for possession of drugs that are discovered as a result of obtaining medical assistance for an overdose, which is what occurred in this case. Judgment affirmed in part, reversed in part, and remanded for further proceedings.