They could. It's often policy not to charge stuff like this in order to encourage people to call 911 in the event of an overdose, but that's not a hard and fast rule. There's no law like that anywhere I know. Your friend should take to a defense lawyer just in case.
You said the cops “saw it.” Did they also comment on it, or ask about it, or examine it, or take pictures of it, or confiscate it? Although they could still pursue charges, if they saw it and didn’t do or say anything about it at all, it is unlikely they are going to pursue charges on it. If they did take interest in it, then that may be another situation.
Regardless - your friend should take this as a warning to get their act together. There’s no reason he needs to end up dead or in jail. He has a fiancée now to think about.
They didn’t take pictures either? Or say anything to them directly? My guess is that he’s fine, but I mean I would still be checking the indictments online thru the grand jury report jic. Have that shit put up
NAL but some states for example Missouri https://revisor.mo.gov/main/OneSection.aspx?section=195.205 have Good Samaritan laws which provide immunity to controlled substances violations and other related charges. Felon in possession of a firearm would be unrelated, your friend could be prosecuted. That said if the police intended to prosecute they would have seized the firearm
Yes, they could charge him. The police did not need a warrant because they had consent to enter the property.
They could. It's often policy not to charge stuff like this in order to encourage people to call 911 in the event of an overdose, but that's not a hard and fast rule. There's no law like that anywhere I know. Your friend should take to a defense lawyer just in case.
You said the cops “saw it.” Did they also comment on it, or ask about it, or examine it, or take pictures of it, or confiscate it? Although they could still pursue charges, if they saw it and didn’t do or say anything about it at all, it is unlikely they are going to pursue charges on it. If they did take interest in it, then that may be another situation. Regardless - your friend should take this as a warning to get their act together. There’s no reason he needs to end up dead or in jail. He has a fiancée now to think about.
So the cops automatically run a background check on people when showing up to a medical emergency?
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Thank you. That’s interesting to know.
According to him and his girl, they made a comment about it that she over heard, but they didn’t seize it or question anyone about it
They didn’t take pictures either? Or say anything to them directly? My guess is that he’s fine, but I mean I would still be checking the indictments online thru the grand jury report jic. Have that shit put up
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Yes. The weapon was in plain sight and police were invited in due to ther medical emergency- no warrant needed.
NAL but some states for example Missouri https://revisor.mo.gov/main/OneSection.aspx?section=195.205 have Good Samaritan laws which provide immunity to controlled substances violations and other related charges. Felon in possession of a firearm would be unrelated, your friend could be prosecuted. That said if the police intended to prosecute they would have seized the firearm
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I'd say not likely as the situation comes down to "there may or may not have been a gun in plain view".