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Lamar Odom: Can He Be Convicted For Drug Use After Overdose? — Expert Speaks

Fri, October 23, 2015 1:29pm EDT by 1 Comment

While Lamar Odom recovers from almost dying in a coma reportedly caused by a cocaine overdose, he may have to worry about the police coming after him. A legal expert gives HollywoodLife.com the EXCLUSIVE scoop how L.O. could face charges over his alleged drug use.

Lamar Odom, 35, has plenty to deal with as he recuperates in his hospital. With his kidneys wrecked, a reported lung infection and a possible bad heart, the last thing he wants is trouble with the law. However, an expert EXCLUSIVELY tells HollywoodLife.com that the police might just press charges against him over his reported cocaine overdose.

“While each state has varying anti-narcotic laws,” Criminal Defense Attorney James E. Silverstein EXCLUSIVELY tells HollywoodLife.com, “it is almost always unlawful to have illicit narcotics, such as cocaine in one’s system.” Similarly, Lamar would also be breaking the law if he tested positive for controlled substances, like oxycontin or Viagra, if he didn’t have a valid prescription for them.

In order to find out if Lamar had drugs in his system, James said that Nye County Detective Michael Eisenloffel “sought judicial permission to withdraw blood….from Lamar Odom while he was in the hospital to test it for the presence of illegal drugs and narcotics.” At the end of his investigation, Michael testified that he thought Lamar was “under the influence of a controlled substance” when he was discovered unconscious in his room at the Love Ranch.

Uh-oh. Does this mean Lamar is going to trade his hospital gown for an orange jumpsuit when he recovers from his near fatal coma? Not exactly. Though the judge granted the detective’s “probably cause” request, James thinks the Detective’s reason to test Lamar’s blood is “very shaky,” since the evidence of Lamar doing coke “is based almost entirely upon hearsay of third parties” (aka the hookers at the Love Ranch.)

Lamar reportedly told some of the prostitutes that he did cocaine days before he showed up at the brothel. And while the brothel’s security footage allegedly shows Lamar — or someone who looks like him — pop pills, no one working at the Ranch told the detective they saw Lamar do coke. Because of this, James thinks that if Lamar faces charges, he’s likely to go free.

“If Lamar was ever charged with a crime based upon the results of this blood test, you can bet your bottom dollar his Attorney will pursue a motion to strike the results of that blood test,” James tells HollywoodLife.com, “as it appears it may have been unconstitutionally searched and seized, in violation of the 4th and 14th Amendments to the United States Constitution.”

Do you think Lamar should be charged with a crime for his supposed overdose, HollywoodLifers?

— Jason Brow, Eric Mitchell reporting