Stevenson

In this case we hold that the police may ask questions of an arrestee which are prompted by a concern that the arrestee’s life is in danger as a result of a possible overdose of narcotics without first advising the arrestee of his Miranda rights.

Factual and Procedural Summary

Deputy Sheriff Richard Schlegel testified that he was on routine patrol in a high-narcotics area of Los Angeles County on June 1, 1995, about 12:30 a.m., when he first observed appellant Jeffrey Andre Stevenson. Appellant also saw Deputy Schlegel and as the deputy approached appellant, appellant turned and walked rapidly away while, at the same time, placing something in his mouth. As appellant lifted his hand to his mouth, Deputy Schlegel saw a rock of cocaine drop to the ground. Deputy Schlegel arrested appellant, recovered the cocaine, looked in appellant’s mouth and observed a white residue in appellant’s mouth. It looked to the deputy as if appellant had chewed up cocaine.

Concerned about a possible overdose, Deputy Schlegel immediately transported appellant to a local hospital where he was treated by emergency room physician Dr. Brian Harris. In Dr. Harris’s opinion, appellant was at risk…