Statutory Interpretation – Immunity

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Nathaniel R. Lecker

Case No.: 2019AP1532-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Statutory Interpretation – Immunity

Wisconsin law grants immunity from criminal prosecution for certain offenses to “aiders”—i.e., people who attempt to obtain assistance for individuals who are suffering from an overdose or adverse reaction to a controlled substance. See WIS. STAT. § 961.443(2)(a) (2017-18). The crimes subject to the grant of immunity are specifically identified by the statute, which also states that the immunity attaches only when those crimes were “under the circumstances surrounding or leading to [the aider’s] commission” of the act or acts constituting the rendering of aid. Id.

When an individual suffering from a heroin overdose appeared outside of Nathaniel Lecker’s apartment one afternoon, Lecker obtained medical assistance for him. The next day, Lecker was interviewed by police investigators about the overdose. During the interview, Lecker informed police that there was drug paraphernalia in his apartment, and he consented to a search of the premises. Lecker was charged with various drug-related possession offenses as a result of contraband found during the search, none of which was related to the overdose. Nonetheless, the circuit court granted Lecker’s motion to dismiss the charges against him, finding that there was a “sufficient nexus” between his seeking aid for the overdosing individual and the discovery of the contraband to warrant dismissal on immunity grounds.

We conclude the circuit court erred by dismissing the charges. As an initial matter, one of the charges dismissed by the court was not a crime for which Lecker could receive immunity under WIS. STAT. § 961.443(2)(a). As to the remaining crimes, Lecker’s possession of drugs and drug paraphernalia and the discovery of those items of contraband were not closely connected to the overdose or to Lecker’s attempt to obtain aid. Furthermore, the mere fact that Lecker provided information about the contraband and consent to search his apartment during a subsequent police interview occasioned by his assistance does not cause his commission of those offenses to be part of the “circumstances surrounding” his status as an “aider” within the meaning of the immunity statute. We therefore reverse the order and, on remand, direct the circuit court to reinstate the criminal complaint and to conduct further proceedings consistent with this opinion.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.