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Criminal Procedure > 9. Protective Custody > Flashcards

9. Protective Custody Flashcards

1
Q

What is alcohol incapacitation?

A

A person is incapacitated if you drink alcohol and is either:

unconscious

in need of a medical attention

likely to cause physical harm or damage to property

or is disorderly. (remember DUMP).

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2
Q

Disorderly for protective custody is the same standard as what?

A

As the criminal charge.

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3
Q

Is intoxication and incapacitation the same thing?

A

No, remember DUMP is the standard for incapacitation.

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4
Q

What level of information, triggers sobriety testing?

A

Reasonable suspicion

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5
Q

May Police put somebody in protective custody from their home?

A

Yes, also, reasonable force authorized during protective custody.

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6
Q

May I use handcuffs on a person in protective custody?

A

Yes, if subject resist consider A&B on a police officer or interfering with a police officer.

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7
Q

If I take somebody into protective custody, can I search for weapons?

A

Yes, you may search the immediate area and surroundings for weapons

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8
Q

What is good Samaritan immunity?

A

Person under 21 in good faith, seeks medical assistance for someone experiencing alcohol related, incapacitation or seeks for himself.

In this situation, criminal charges shall not be filed, even if the evidence was gained as a result of seeking medical assistance

Note: immunity does not apply to adults 21 and over who host an underage, drinking party or other illegal activity with minors.

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9
Q

Do I need consent to transport an individual in protective custody?

A

No, you may transport the individual to home, hospital, or police station (HHS).

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10
Q

If you brought a protective custody into the barracks what must you immediately inform the PC?

A

Immediately inform the subject of his right to a phone call and allow phone use.

If under 18, notify parent or guardian as soon as possible

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11
Q

If you bring a protective custody for alcohol incapacitation into the barracks, what must you determine is available?

A

Determine if treatment (detox) is available. This is not an option. This should be documented. Every time a person is brought into the barracks. This is for alcohol incapacitation only.

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12
Q

If I bring a protective custody into the barracks, what do I need to give the person?

A

I need to provide breathalyzer option.

.10 or above establishes incapacitation.

.06, .07, .08, .09, authorized sobriety, testing. An Officer must decide whether to release or hold the subject.

.05 or below immediately release the subject .

If a minor registers any BT reading and insist on releasing to parent guardian or responsible adult.

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13
Q

If I bring a protective custody into the barracks, make sure I do this

A

Inventory to personal possessions

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14
Q

For protective custody of adults 18 and over, there is a duty to release or transfer, what are the priorities?

A

First priority: treatment, available transport to facility

Second priority: hold barracks in UNTIL SOBER, or NO LONGER THAN 12 HOURS!!!

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15
Q

For protective custody of minors, UNDER 18, what are the duty to release for transfer priorities?

A

First priority: is release, minor, upon request of parent or guardian.

Hold the child and call DCF if parent/guardian arrived incapacitated, or unable to act responsibly.

Second priority: if treatment available, transport, minor to facility

Third priority: if treatment unavailable, hold the minor in a nonsecure detention.

Never put a juvenile in protective custody in a cell. Keep in an unlocked area under continuous visual supervision and try to get a parent guardian or responsible person to remove the child from the station as soon as possible.

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16
Q

Although PC is not considered an arrest or crime do I still need to make an incident report?

A

Yes, for record-keeping purposes, it is stated in the PC law section 8 that an incident report for the records. Explain the behavior that led the officers to place into protective custody

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17
Q

What is drug incapacitation chapter 111E section 9A?

A

Incapacitated refers to a person who is consumed a controlled substance/toxic vapor or substance, other then ALCOHOL.

Person is unconscious
In need of medical attention
Likely to cause harm or damage to person/property
Disorderly

Remember DUMP applies here too.

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18
Q

Many of the same procedures exists for drug incapacitation as they do for alcohol incapacitation. This includes:

A

Using reasonable force to take a person into custody.

Search the subjects immediate surrounding areas to discover weapons (search of the immediate area may also be used to facilitate on-scene treatment).

Good Samaritan immunity

With or without consent, the officer may assist the individual to the emergency facility.

When minor under 18 taken into protective custody, officer must notify parent or guarding as soon as possible

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19
Q

For drug incapacitation protective custody, transport to a police station or home is never an option.

A

Custody may last through transport and emergency treatment. The subject may be held against his will, in order to immediately transport to an emergency facility officers subject be evaluated by medical staff before release.

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20
Q

Only the police have the legal authority to place a subject into protective custody

A

Emergency medical services, personnel, or healthcare clinicians cannot place a subject into protective custody, only the police!!!!

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21
Q

If someone receives a dose of Narcan and they refuse transport to the hospital, what should I do?

A

Place them into protective custody. Releasing the person is a public safety risk.

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22
Q

What is the potential civil liability in protective custody cases?

A

Failing to act in an obvious case, or excessive force

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23
Q

What do I do if I have reasonable believe a child has knowledge of and is present with a controlled substance in class A, B, C ?

A

Hold the child in protective custody for no longer than 4 hours!

Make every effort to notify the child’s parent or guardian if this fails consider filing a 51A report with DCF.

24
Q

Can a person refuse medical treatment?

A

Yes, unless there is an emergency. Medical treatment without consent is an A&B.

25
Q

What are the exceptions to lack of consent concerning treatment for a medical emergency?

A

The emergency exception includes:

Unconscious or incompetent
Time is of the essence, delay, again, consent, risk, death, or serious, bodily injury
Treatment reasonable under the circumstances, a reasonable person would want treatment

26
Q

For me to insist on transport for medical treatment, does the person have to be unconscious?

A

No, the person technically can be conscious also….(example the defendants protest against treatment was properly overruled by police because he was highly intoxicated and been involved in a head-on car crash and might be seriously injured).

27
Q

Does a mental health condition nullify probable caused to arrest in charge?

A

No

28
Q

What is the best way to help an EDP concerning commitments?

A

Suggest voluntary commitments. The minimum age of a person for voluntary commitment is 16 years old (Lily Kulbok rule)

29
Q

Are police required to leave a hospital room so I defendant can speak with a psychotherapist alone?

A

No, a psychotherapist should not have to put their safety at risk in order to treat a dangerous patient.

An officer presents during treatment with psychotherapist, statements are typically in admissible,

UNLESS a court rules, the interest of justice the communication be disclosed.

30
Q

On what basis may I involuntary commit somebody due to mental illness?

A

Likelihood of series harm.

Danger to self
Danger to others
Inability to protect self

31
Q

What are the involuntary commitment categories?

A

Category 1, clinician issues a commitment order based on examination

Category 2 clinician issues an order in an emergency

Category 3, officer restrains EDP.

Category 4, judge issues, warrant of apprehension

32
Q

At any time, any person may apply to a district or juvenile court, for a commitment order, after hearing a judgment, issue, a warrant for the apprehension of an EDP, who poses a likelihood of serious harm.

A

Category 4

33
Q

In an emergency situation at any time of the day or night officers may restrain an EDP, who they believe pose a likelihood of serious harm

A

Category 3

34
Q

Even if the EDP refuses examination, a qualified clinician may still issue an order based based on facts that show the EDP poses a likelihood of serious harm

A

Category 2

35
Q

Following a personal examination of an EDP, a qualified mental health. Clinician may sign a commitment order if he has reason to believe the EDP poses a likelihood of serious harm

A

Category 1

36
Q

When must a warrant of apprehension be executed?

A

During the day and when court is in session, since the EDP must be transported there for evaluation.

37
Q

What if I can’t apply for a warrant of apprehension for an EDP because it’s night and court is closed?

A

Direct the EDP, or caretaker to go to court the next day, or the police may use their category three authority to bring the EDP to a hospital if immediate help required.

38
Q

If a commitment order for an EDP is issued by a clinician or a judge, may I enter a private home to place the EDP into protective custody?

A

Yes, category’s 1, 2, and 4 are in effect arrest warrants for mental health detention.

39
Q

Where do I transport a category 4 EDP?

A

Transport them to court. The court will arrange for the evaluation there.

40
Q

Where do I transport a category one snd 2 EDP?

A

Mental health facility

41
Q

What level of information is needed to take an EDP in custody because they pose a likelihood of serious harm?

A

Like in arrest, you need probable cause

42
Q

If exigent circumstances make consulting with a condition impossible what should I do to get entry into the home?

A

Consent or if that fails force entry seek supervisor approval before forced entry

43
Q

What is a section 18?

A

Serious mental health situations in police lock ups and correctional facilities

44
Q

What is a section 35?

A

Commitment for alcohol or substance abusers.

A section 35 warrant remains active for five consecutive days, and home entry is justified under warrant

Section 35 must be presented immediately before a judge if outside court hours put in protective custody until court opens

This commitment time is up to 90 days

45
Q

What is the age range for placing a child in into protective custody for running away from his legal guardian?

A

6 to under 18

46
Q

In order for Police to put a child in protective custody for running away what must they have for a level of information?

A

In taking anyone else into custody, they must have probably cause and will not respond to a summons

A prior episode of running away is not required

47
Q

Officers must put a child in protective custody named in a warrant of protective custody if they can deliver the juvenile to court no later than:

A

4:30pm

48
Q

Police may not put a child into protective custody for failing to obey:

A

Legal custodian
School regulations
Truancy
Curfew violations

Chapter 119 section 39H clearly states that a child may not be confined in shackles or similar restraints for protective custody .

49
Q

Although handcuffing is not permitted officer, should always just like anybody else:

A

Search the child for weapons and contraband prior to placing him into protective, custody and transport in the backseat area of the secured cruiser

50
Q

If the child is significantly noncompliant during the protective custody process then:

A

As a last resort, consider charging interfering with a police officer, or A&B

51
Q

What’s the order of preference if an officer decides to PC a runaway?

A

Bring to child, legal custodian, or responsible person
Temporary license shelter dial X211 for placement or
Juvenile court

52
Q

Juvenile detention restrictions at the barracks

A

Held without handcuffs

Held in an unlocked multipurpose area

Under continuous visual supervision

For the time necessary to get him to a legal custodian, a responsible person, approve, shelter, or court.

Per our policy, a juvenile may not be held in custody for longer than 6 hours.

53
Q

Can I bring a child requiring assistance into the barracks? (CRA)

A

Nope

54
Q

Where class ABC drugs are kept protective custody, Max hours to keep juvenile in custody?

A

For the drug form of protective custody it’s only 4 hours.

55
Q

Upon request, we should accompany elder protective services to an elders home for investigation. How may we enter that home?

A

Consent
Emergency or
Court order

56
Q

If taking an animal in for cruelty, or fighting, the law-enforcement agency or prosecutor, may file a petition with a court requesting what?

A

Post security payment for care and costs chapter 272 section 91 enables a District Court to order the pitcher of fighting animals and their humane destruction.

57
Q

What must you do if you find an animal in a car and extreme heat or cold?

A

First, make a reasonable effort to locate the vehicle owner. Then enter vehicle by reasonable means to protect the animal. You may not search for items, unless permitted by law must leave a written notice in a secure, conspicuous location honor in the vehicle name title address, where the animal may be retrieved. You will be immune from criminal or civil liability for removing the animal.

Criminal Procedure (25 decks)

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