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PRO 2024 > Chapter 9- Protective Custody > Flashcards

Chapter 9- Protective Custody Flashcards

1
Q

Community caretaking allows you to detain someone who is (3)

A

lost, disoriented, or missing

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2
Q

What level of suspicion is required for Community Caretaking detention?

A

Reasonable suspicion

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3
Q

CL- well-being check on meals on wheels finds person dead, suspect son did it, NJ officers respond to hotel and find disoriented man who’s story doesn’t add up and detain him, run plate and arrest for murder - good detention?

A

Yes based on community care taking

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4
Q

Incapacitation definition

A

Under the influence AND disorderly, unconscious, in need of medical attention, likely to cause physical harm or damage

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5
Q

What standard of proof do you need to place someone into protective custody

A

probable cause

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6
Q

True or False: Intoxication automatically means a person is incapacitated.

A

False

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7
Q

What is the legal implication of a person who drank 8 beers over 6 hours and denied admission into a concert?

A

The person was not considered incapacitated

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8
Q

What level of certainty do you need for sobriety testing under protective custody

A

Reasonable Suspicion

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9
Q

Hostile phone calls by drunk women who refuses to stop strongest action

A

Protective custody

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10
Q

Charge for resisting a police officer during attempted protective custody

A

Interfering with a police officer, not resisting arrest

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11
Q

What are the search rights of police under protective custody

A

May search the person and surroundings for weapons

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12
Q

What are the options for transporting an individual under the influence of alcohol

A
  1. Home (if someone there to take care of them)
  2. Hospital (TREATMENT FACILITY)
  3. Station
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13
Q

Where is one place you should never send someone on a PC alcohol

A

HOC or county jail

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14
Q

Who is covered under Good Samaritan Immunity when seeking treatment for someone suffering from an alcohol episode?

A

Individuals under 21 years of age only

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15
Q

What is the first station procedure regarding phone calls? CHECK AND EDIT THIS

A

Right to a phone call

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16
Q

What must be done if a person is under 18 years of age?

A

Notify parents

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17
Q

What is essential to determine regarding treatment?

A

Determine if treatment is available - DOCUMENT if not

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18
Q

What option must be provided to individuals regarding sobriety testing?

A

Provide Breathalyzer Option

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19
Q

What breathalyzer reading indicates incapacitation?

A

.10 OR ABOVE

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20
Q

What breathalyzer reading requires sobriety testing?

A

.06 to .09

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21
Q

What breathalyzer reading allows for immediate release?

A

.05 OR BELOW

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22
Q

What type of test can be used for the breath test?

A

PBT

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23
Q

What is the first priority location for adults 18 and over when under PC

A

Treatment

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24
Q

What is the maximum time an adult can be held in a cell until sober?

A

12 hours

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25
Q

What should be the first option after PC under 18

A

Release minor upon request of parent or guardian

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26
Q

What options are available for a minor under 18 PC (3)

A
  • release to parents or guardian
  • Treatment facility
  • Hold in non-secure detention
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27
Q

Will the court second guess an officer’s decision that did not work out?

A

No

This indicates that officers are afforded discretion in their decision-making without fear of court repercussions.

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28
Q

Pc of a minor with no adult to pick them up then feel you don’t have PC anymore so drive them home and they get an OUI, are you liable

A

No

This action is taken to ensure the safety of the minor and the public.

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29
Q

What is drug incapacitation? And what is included

A

A state where a person is under the influence of substances other than alcohol and is disorderly, unconscious, in need of medical attention, or likely to cause physical harm or damage property.

Includes substances like inhalants, drugs, and vapors.

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30
Q

What actions should be taken if someone is suspected of drug incapacitation?

A

Only bring them to a medical facility.

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31
Q

If a person under 18 is involved in drug incapacitation, what must be done?

A

Notify the parents immediately.

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32
Q

What is Good Samaritan Immunity for drugs - who does it cover

A

Protection from possession charges for individuals who call for help during an overdose

This immunity applies to both the person calling for help and the one experiencing the overdose.

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33
Q

Who has the authority to place someone under protective custody (PC)?

A

Only police officers

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34
Q

You need to PC someone after Narcan because is the nature of Narcan’s effect is _____\

A

Temporary

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35
Q

What risk can Narcan withdrawal pose?

A

It can cause the individual to use opioids

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36
Q

Are you civilly liable when you fail to place someone under Pc when you are required to and something happens

A

Yes (check this)

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37
Q

People who overdose and are narcand are a public safety risk

A

True

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38
Q

Child under the age of______ knowingly present with drugs _______ can be PC for _____hours

A

Under 18

ABC

4

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39
Q

What is the overall goal when responding to medical emergencies involving mental health issues?

A

Least intrusive intervention consistent with public, ED, and officer safety

40
Q

Who is allowed to apply for section 12 at the court (3)

A

Someone at least 16

Parent or guardian of someone under 18

Court appointed guardian

41
Q

True or False: Most people with mental health issues are more violent than the general population.

A

False

Studies indicate that individuals with mental health issues are not typically more violent.

42
Q

Who should be consulted during incidents involving emotionally disturbed persons (EDP)?

A

People on scene who know EDP

Insight from those familiar with the individual can aid in effective intervention.

43
Q

Fill in the blank: An individual must be _______ years old to apply for Section 12 intervention.

A

16

44
Q

Emergency aid exemption is applicable when a person is unconscious or incompetent and (2)

A
  • time is of the essence for SBI or death
  • treatment is reasonable
45
Q

What is the standard to section someone based on

A

likelihood of serious harm

46
Q

What are the criteria for involuntary commitment under Section 12?

A

Criteria include:
* Danger to self
* Danger to others
* Inability to protect oneself (not bathing or changing clothes)

Inability to protect oneself can include not bathing or changing clothing.

47
Q

A person can be held under Section 12 for up to ______

A

72 hours

48
Q

CL- psychiatric privilege

Police remaining with suspect after mom stabbed child, hear interview for safety reasons, are the statements admissible

A

Statements are usually inadmissible unless the judge rules otherwise

This protects the rights of the individual being evaluated.

49
Q

What is the first category of involuntary commitment?

A

Clinician issues a section based on an in-person examination

This category involves a clinician assessing the individual directly.

50
Q

What happens in the second category of involuntary commitment?

A

Clinical issues section in an emergency without examination

This allows for emergency intervention without a prior examination.

51
Q

What is the third category of involuntary commitment?

A

Police Commitment

This involves police authority to take an individual into custody under certain circumstances.

52
Q

What is required for a judge to issue a warrant of apprehension?

A

Warrant must be executed during the day when court is in session

This ensures that the apprehended individual is brought to court in a timely manner.

53
Q

How long is a section 12 good for before serving

A

5 to 7 business days (or whatever it says on the warrant)

This indicates the maximum time allowed for transport as specified in the warrant.

54
Q

What should be done if the warrant is executed after hours?

A

Bring the person in on category 3 or have caretaker take them to court the next day

This outlines the protocol for after-hours situations.

55
Q

What police procedure applies to serving categories 1, 2, and 4?

A

You may enter onto private property to serve this as a PC (mental health arrest warrant)

56
Q

Where should individuals in categories 1 and 2 be transported?

A

Transport to the hospital

57
Q

Where should individuals in category 4 be transported?

A

Transport to the court

58
Q

Under what condition can police take an individual into custody in category 3?

A

Likelihood of serious harm

This condition is crucial for determining the necessity of police intervention.

59
Q

Entry into the home under section 12 you can enter under

A

Number 1, 2, & 4 from a clinician or judge or consent/exigency with number 3

60
Q

How long can you restrain adults before examinations, minors?

A

2 hours adults

1 hour minors

61
Q

What is a section 18

A

Mental health section in police lock up or HOC

62
Q

Who can apply for commitment under Section 35?

A

Police Officer, Physician, Spouse, Blood Relative, Guardian, Court Official

63
Q

What is the basis to apply for the section under Section 35?

A

Reasonable belief that the person is a chronic alcoholic or substance abuser

This includes individuals using inhalants.

64
Q

What evidence is required for commitment?

A

Clear and convincing evidence that the person is unable to protect themselves from physical harm

This requirement helps ensure that there is substantial justification for commitment.

65
Q

What is the substantial risk criterion for commitment?

A

Substantial risk that harm will occur quickly (days or weeks)

This means that the individual is at immediate risk of harm.

66
Q

How long is the warrant for commitment valid? (35)

A

5 consecutive days

This allows for a short-term evaluation period for the individual.

67
Q

What should happen after the warrant is issued?

A

Bring the person before a judge immediately

This ensures that judicial oversight is maintained in the commitment process.

68
Q

What is the maximum duration of commitment under Section 35?

A

Up to 90 days

This is the initial commitment period before further actions are evaluated.

69
Q

Who can initiate long-term commitments?

A

Facility superintendent

This authority is responsible for evaluating the need for extended commitment beyond the initial period.

70
Q

What is the holding period for long-term commitments?

A

6 months holding and annual review

This allows for periodic assessment of the individual’s condition and need for continued commitment.

71
Q

What is the standard of proof required for long-term commitments?

A

Proof beyond a reasonable doubt

This high standard protects individuals from unjust long-term commitments.

72
Q

What is the protocol for missing mental health patients who have been absent for less than 6 months?

A

Return to facility

This applies to patients missing for less than 6 months.

73
Q

What should be done for missing mental health patients who have been absent for more than 6 months?

A

Obtain judicial review to determine if person returns or not

This process assesses the circumstances of the patient’s absence.

74
Q

What is the procedure if a person escapes from an out-of-state mental health facility?

A

Hold person and start rendition process

This is similar to the process for out-of-state fugitives.

75
Q

What is the age range for juveniles considered in protective custody for running away from a legal guardian?

A

6-18 years old

This standard applies specifically to runaways within this age range.

76
Q

What is required for a protective custody of a juvenile?

A

Probable cause that they are a runaway and will not respond to a summons

No prior episodes of running away are required.

77
Q

What must police do with juveniles placed under a Warrant of Protective Custody (WPC)?

A

Place juveniles in protective custody and bring them to court if before 4:30 PM on a court open day

Alternatively, inform the child and parent of the WPC and instruct them to go to court the next day.

78
Q

What should police do after hours regarding a Warrant of Protective Custody?

A

Inform the child and parent of the WPC and tell them to go to court the next day

Place the child into custody as a runaway and execute WPC the next day.

79
Q

Under what circumstances should a child NOT be placed in protective custody?

A

For failing to obey a guardian, failing to obey school rules, truancy, or violating curfew

These situations do not warrant protective custody.

80
Q

How should juveniles be transported in police vehicles during protective custody?

A

In the rear of a cruiser, never in a wagon

This ensures safety and proper handling.

81
Q

What should officers do regarding radio communication during transport?

A

Radio time and destination, exact departure if transporting a different sex

Same sex should also be searched.

82
Q

True or False: Handcuffs should always be used when placing a child in protective custody.

A

False

Never use handcuffs when dealing with juveniles in protective custody.

83
Q

What charge can be applied if a youth refuses protective custody?

A

INTERFERING WITH A POLICE OFFICER

This charge allows law enforcement to take action if a minor does not comply with protective custody protocols.

84
Q

List the preferred options for transport and placement of a runaway child.

A
  • Legal Guardian
  • Other responsible person
  • Temporary licensed shelter (if no one can come get them)
  • Juvenile Court

The preference is based on the ability of the person to ensure the youth’s return to court.

85
Q

What must a person promise in writing when accepting responsibility for a runaway child?

A

To bring youth to court the next day

This written promise is a legal requirement to ensure accountability.

86
Q

Fill in the blank: The first option for releasing a runaway child is to a _______.

A

Legal Guardian

This reflects the priority given to family or guardians in these situations.

87
Q

True or False: A temporary licensed shelter is preferred over a juvenile court for placements.

A

False

A temporary licensed shelter is only considered if no responsible person can pick up the child.

88
Q

What are the restrictions for juvenile protective custody?

A

No handcuffs, unlocked multi-purpose area, under continuous supervision, only for the time necessary to release or transfer.

89
Q

What must officers have to enter elder services during investigations?

A

Warrant, consent, or exigency.

90
Q

True or False: Officers can enter if there think there is someone in need of assistance but there is no signs

A

False.

91
Q

Under what condition can officers enter based on reasonable suspicion regarding elders?

A

If they have a REASONABLE SUSPICION they are in imminent danger of serious bodily injury (SBI) or death.

92
Q

What can a prosecutor do if there is probable cause for animal cruelty or fighting?

A

File a petition with the court requesting the owner to post a security payment for the animal’s care.

93
Q

What should officers do if they find animals confined in a vehicle?

A

Make a reasonable effort to locate the owner, enter by reasonable means, do not search the car unless permitted by law. Leave a written notice

94
Q

Fill in the blank: Officers must leave a written note of where the animal went, including _______.

A

[name, address, title].

95
Q

What protection do officers have when entering to assist animals?

A

Immune from civil liability.

PRO 2024 (16 decks)

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