Legal Question in Criminal Law in Pennsylvania
drug overdose investigation
I have a friend who just died from a
heroin overdose. He overdose in
his room. Empty packets and a
spoon were in plain sight, however
no needles or drugs were in his
room. Which should lead to believe
that someone else was in the room
when he overdose and took the
needles. The police are not
investigating this incident any
further after a detective stopped by
for an hour. Are there state or
federal laws which require diligent
investigation? The detective has
not even pulled cell phone records
or question neighbors to see if
someone might have seen
anything. What can the family do if
they feel that the police is refusing
to investigate? If there was
another person in the room and left
my friend to die; can they be
prosecuted?
Thank you.
1 Answer from Attorneys
Re: drug overdose investigation
I am sorry about your friend. The misery from the abuse of legal and illegal drugs is SO tragic. As far as the police, unless they felt your friend was intentionally OD'd by someone, they would not put a lot of effort into trying to figure out who may have been with your friend when he shot up. Even if someone was there, it does not mean that person may have done anything to hasten his death, or even that they abandoned him when he started to die. There is NO duty or law requiring anyone to help someone you see dying. If you are talking about a parent, a doctor, a caretaker for someone, that is different, they DO have a duty to caretake, including calling for medical help. Here, someone could have left after he shot up, thinking he was OK, or they may have paniced and left, and until you have an autopsy, you do not know if he had a heart attack, or had a bad batch of heroin. If the police can not PROVE someone killed or at the VERY least hastened someone's death, they have nothing. The police have so much money to do their work, so they need to try to spend it where they get the most benefit for the time and money expended. I am sorry, but the chances are good that your friend would have died with or without aid. Try to make something positive from your friend's passing - go talk with school kids about what you loved about yoru friend, and about how drugs sucked th e life out of their life, and lead to their death - it CAN happen to anyone!
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