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I would like an comments about my situation. I have chronic back pain and regularly take hydrocodone (Vicodin). I carry a small labeled metal vial of the stuff in my pocket. As I have taken this med on and off for about 8 years I am convinced it in no way alters my abilities or judgment. I scored 248 out of 250 on my last renewal while taking it.

Does anyone know how this might affect the situation following a shooting and in the discussion with Police?

thanks
Jim

I guess it will depend on the individual officer and whether or not he thinks you are acting impaired.

RJ

I think that is one of the things I would not talk to the police about. It can wait and your attorney can explain it to them.

I just cant imagine anything you might say that couldn't be turned around by an ambitious DA.

If you aren't legally required to bring it up, then I wouldn't. What you say can be used against you in the court of law. You should feel justified in your actions, otherwise you should not have initially used your firearm. In feeling justified, you shouldn't need to tell any officer that you might have made a mistake (concern about being intoxicated).

By the way, welcome to the forum

Pawpaw wrote:I think that is one of the things I would not talk to the police about. It can wait and your attorney can explain it to them.

I just cant imagine anything you might say that couldn't be turned around by an ambitious DA.

Absolutely, , and nor should you mention prescription glasses, hearing aids or anything else that could be turned against you and your judgement.

I took some when I hurt my back. I stopped carrying when I was on it. Too much to explain if I had to shoot. It was just a couple of months but that stuff made me high and was very addictive.

Since I haven't ever been in that kind of situation, I assumed that the first officer to arrive would certainly ask for my weapon and then might search me and/or my car. If he did he would find the vial - that's why I mentioned it. It does have a prescription label on it with the doctor's name and Rx number that my pharmacist was kind enough to prepare for me.

Without question, it would best be handled by my attorney. I have the [Pre-paid legal service] Plan where I can call immediately after calling 9-1-1 and an attorney will be on his way. So I would wait to make any statement. But I just wanted some comments about what to do when/if the police find the meds.

thanks for replies

Ed4032 wrote:I took some when I hurt my back. I stopped carrying when I was on it. Too much to explain if I had to shoot. It was just a couple of months but that stuff made me high and was very addictive.

Hydrocodone affects people very differently. I can take a high dose and virtually not tell I have taken anything. Unfortunately, that also means it doesn't do much for the pain - just takes the edge off a little. I have resisted taking anything stronger for the exact reasons you mentioned. Since my back problems are permanent, if I moved to anything stronger, I would probably have to give up carrying for good. BUMMER!

IndianJim wrote:I assumed that the first officer to arrive would certainly ask for my weapon and then might search me and/or my car. If he did he would find the vial

Of course I am not a lawyer, so do not take my advice to be gospel.

If the officer finds it and asks, "What is this?" or anything else about it, don't explain, just keep answers short and simple. "It's medicine, officer." If he/she pushes for more details, just keep saying "It's medicine." If you seemed confused as to why they are asking, they probably won't push it much, but if you seem like you have something to hide or are condescending, you can bet they'll keep questioning you about it.

When it comes to drugs, people are most often caught because they consent to search or because they have said something incriminating. In a shooting situation, you can't possibly know what the police could consider as incriminating, so it's best not to say anything at all.

IndianJim wrote:

Ed4032 wrote:I took some when I hurt my back. I stopped carrying when I was on it. Too much to explain if I had to shoot. It was just a couple of months but that stuff made me high and was very addictive.

Hydrocodone affects people very differently. I can take a high dose and virtually not tell I have taken anything. Unfortunately, that also means it doesn't do much for the pain - just takes the edge off a little. I have resisted taking anything stronger for the exact reasons you mentioned. Since my back problems are permanent, if I moved to anything stronger, I would probably have to give up carrying for good. BUMMER!

Put me in that club. The pain killing effect is there, just not what some would consider the good side effects,

My opinion is, if the shooting is clearly justified, particularly if it falls into one of the categories that are justified by default like robbery, burglary, etc, then it won't matter whether you're on pain killers or not. They might could possibly come back and get you on carrying while intoxicated, but I think that's very unlikely if you're not acting intoxicated while you're talking to the officers.

If the shooting is more iffy, the level of pain killers in your system is more likely to be a factor in determining whether your actions were justified.

Brian

BrianSW99 wrote:My opinion is, if the shooting is clearly justified, particularly if it falls into one of the categories that are justified by default like robbery, burglary, etc, then it won't matter whether you're on pain killers or not. They might could possibly come back and get you on carrying while intoxicated, but I think that's very unlikely if you're not acting intoxicated while you're talking to the officers.

If the shooting is more iffy, the level of pain killers in your system is more likely to be a factor in determining whether your actions were justified.

Brian

What are the two big questions LEOs ask? Have you been drinking and have you taken any illegal drugs? You can actually answer "No" to both of those. Let the lawyers sort the rest out and I hope Brian is spot on with his opinion because it is also mine.

C-dub wrote:

BrianSW99 wrote:My opinion is, if the shooting is clearly justified, particularly if it falls into one of the categories that are justified by default like robbery, burglary, etc, then it won't matter whether you're on pain killers or not. They might could possibly come back and get you on carrying while intoxicated, but I think that's very unlikely if you're not acting intoxicated while you're talking to the officers.

If the shooting is more iffy, the level of pain killers in your system is more likely to be a factor in determining whether your actions were justified.

Brian

What are the two big questions LEOs ask? Have you been drinking and have you taken any illegal drugs? You can actually answer "No" to both of those. Let the lawyers sort the rest out and I hope Brian is spot on with his opinion because it is also mine.

I have chronic back pain as well due to an accident in my early 20's. I occasionally take Vicodin, but the drug that really gets me through the day would be my Tramadol. Just keep that prescription bottle near you at all times for it might come in handy.

I never want to fall astray of the old Ron White saying: "I had the right to remain silent but not the ability".

Legally, it doesn't look like it's any different than drinking. If you're impaired then you're impaired. If you're not then you're not. Even if you weren't legally intoxicated, a prosecutor can try to sway the jury by saying you were drinking or taking a narcotic before the shooting.

PENAL CODE, TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS, CHAPTER 46. WEAPONS

"Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.