From Lyon County Sheriff’s Office ~ Nevada
Message of the Week 09/15/2023
On September 12th, the Lyon County Sheriff’s Office issued a press release regarding two fatalities due to a drug overdose in Fernley. Also mentioned in the press release was a third person who overdosed multiple times in one day. The Lyon County Sheriff’s Office was asked several questions in reference to the press release, and many statements were made in regards to it as well.
The sentiment from many members of the public was that the person who survived the overdoses should’ve been arrested, charged etc. Below is the State law, not allowing law enforcement to arrest a person when responding to the scene of an overdose.
1. Notwithstanding any other provision of law, a person who, in good faith, seeks medical assistance for a person who is experiencing a drug or alcohol overdose or other medical emergency or who seeks such assistance for himself or herself, or who is the subject of a good faith request for such assistance may not be arrested, charged, prosecuted or convicted, or have his or her property subjected to forfeiture, or be otherwise penalized for violating:
(a) Except as otherwise provided in subsection 4, a provision of chapter 453 of NRS relating to:
(1) Drug paraphernalia, including, without limitation, NRS 453.554 to 453.566, inclusive;
(2) Possession, unless it is for the purpose of sale or violates the provisions of NRS 453.3385, subsection 2 of NRS 453.3393 or 453.3405; or
(3) Use of a controlled substance, including, without limitation, NRS 453.336;
(b) A local ordinance as described in NRS 453.3361 that establishes an offense that is similar to an offense set forth in NRS 453.336;
(c) A restraining order; or
(d) A condition of the person’s parole or probation,
(e) if the evidence to support the arrest, charge, prosecution, conviction, seizure or penalty was obtained as a result of the person seeking medical assistance.
Ultimately the choice to use illicit drugs, and accountability lies solely with the abuser of illegal drugs. However the Sheriff’s Office has been proactive in suppressing the use and distribution of drugs in Lyon County.
- I have stated many times, the first opportunity people have to get help is when they are arrested and taken to jail. Our Deputies have done an excellent job at arresting those that commit drug related offenses. The majority of the mugshots posted on Mondays have a connection to illicit / illegal drugs.
- I have personally spoke at community events on the subject of “How teens abuse prescription medications” and how that directly translates to opioid abuse and addiction.
- The Lyon County Sheriff’s Office distributes literature on the dangers of fentanyl, methamphetamine, cocaine, LSD and so on.
- Saturation patrols are conducted, such as the one Friday night in Fernley, where 6 deputies made 65 traffic stops in an effort to locate and arrest those that choose illicit drugs.
Again the choice to abuse illegal / illicit drugs, and accountability lies solely with the abuser.
Sheriff Brad Pope
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