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PRO 2024 > Chapter 9- Protective Custody > Flashcards

Chapter 9- Protective Custody Flashcards

1
Q

What is the purpose of Community Caretaking?

A

To detain someone who is lost, disoriented, or missing

This principle allows officers to intervene for the safety of individuals who may be in distress.

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2
Q

What level of suspicion is required for Community Caretaking detention?

A

Reasonable suspicion

Reasonable suspicion is a legal standard that requires specific and articulable facts to justify the detention.

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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
## Footnote

This case highlights the application of Community Caretaking in a potential homicide investigation.

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4
Q

What indicators led officers to detain the disoriented man in the hotel?

A

Emotions fluctuate, story doesn’t add up

These observations contributed to the reasonable suspicion that the man may need assistance.

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5
Q

What is the definition of incapacitation in the context of law enforcement?

A

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

Incapacitation involves a state where an individual cannot care for themselves or others due to substance use.

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6
Q

What is required to justify an action involving incapacitation?

A

Need probable cause

Probable cause is a higher standard than reasonable suspicion and is necessary for certain actions like arrests.

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7
Q

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

A

False

Intoxication does not equate to incapacitation; an individual may be intoxicated but still capable of functioning.

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8
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

This suggests that mere consumption of alcohol does not automatically imply incapacity.

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9
Q

What triggers sobriety testing?

A

Reasonable Suspicion

This indicates that officers must have a reasonable belief that a person is under the influence to initiate testing.

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10
Q

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

A

Protective custody

Such behavior can justify police intervention based on probable cause.

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11
Q

What does resisting a police officer during attempted protective custody

A

Interfering with a police officer, not resisting arrest

This clarifies the distinction between resisting an officer and resisting an arrest.

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12
Q

What are the search rights of police under protective custody

A

May search the person and surroundings for weapons

This is a standard procedure to ensure officer safety.

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13
Q

What are the options for transporting an individual under the influence?

A
  1. Home (if someone there to take care of them)
  2. Hospital (TREATMENT FACILITY)
  3. Station (DO NOT BRING TO COUNTY JAIL OR HOC)

Transporting to appropriate facilities is crucial for the safety and well-being of the individual.

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14
Q

What is a critical warning regarding sending a person to the House of Correction (HOC)?

A

Never send to HOC and only send to station if detox is not available

This is important to prevent dangerous situations, as indicated by a previous incident where a person was beaten to death.

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15
Q

What is Good Samaritan Immunity?

A

Legal protection for individuals who assist others in emergency situations

It encourages bystanders to help without fear of legal repercussions.

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16
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

This is to promote seeking help for alcohol-related emergencies among youth.

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17
Q

What is the legal consequence for individuals 21 and over who seek treatment for someone suffering from an alcohol episode?

A

No immunity from prosecution

Those 21 and older may face legal penalties for underage drinking situations.

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18
Q

Fill in the blank: Good Samaritan Immunity provides legal protection for individuals _______.

A

under 21 who seek treatment for someone suffering from an alcohol episode

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19
Q

True or False: Good Samaritan Immunity applies to all ages regardless of the circumstances.

A

False

Immunity is specifically for individuals under 21.

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20
Q

What is the first station procedure regarding phone calls?

A

Right to a phone call

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21
Q

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

A

Notify parents

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22
Q

What is essential to determine regarding treatment?

A

Determine if treatment is available - DOCUMENT

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23
Q

What option must be provided to individuals regarding sobriety testing?

A

Provide Breathalyzer Option

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24
Q

What breathalyzer reading indicates incapacitation?

A

.10 OR ABOVE

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25
Q

What breathalyzer reading requires sobriety testing?

A

.06 to .09

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26
Q

What breathalyzer reading allows for immediate release?

A

.05 OR BELOW

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27
Q

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

A

PBT

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28
Q

What is the first priority for adults 18 and over regarding duty to release or transfer?

A

Treatment

This indicates that the primary concern is to ensure the individual receives necessary treatment.

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29
Q

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

A

12 hours

This limit is set to ensure that individuals are not held longer than necessary.

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30
Q

What should be done if a minor under 18 requests release?

A

Release minor upon request of parent or guardian

If the parent is intoxicated, the Department of Children and Families (DCF) should be contacted.

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31
Q

What options are available for a minor under 18 ?

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

These options ensure the minor receives appropriate care and supervision.

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32
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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33
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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34
Q

What is drug incapacitation?

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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35
Q

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

A

Only bring them to a medical facility.

Searching someone’s purse for drugs may be permissible in overdose situations.

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36
Q

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

A

Notify the parents immediately.

This is a crucial step in handling minors in such situations.

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37
Q

What is Good Samaritan Immunity?

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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38
Q

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

A

Only police officers

This authority is exclusive to law enforcement personnel.

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39
Q

What happens to a person who receives NARCAN?

A

They are placed under protective custody (PC)

This is a protocol to ensure their safety after an overdose.

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40
Q

What is a near-fatal overdose considered in legal terms?

A

Evidence of incapacitation

This can lead to protective custody being enacted.

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41
Q

What is the nature of Narcan’s effect?

A

Temporary

It is used to counteract opioid overdoses but does not provide a permanent solution.

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42
Q

What risk can Narcan withdrawal pose?

A

It can cause the individual to use opioids again

This presents a public safety risk if the individual is not monitored.

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43
Q

What constitutes civil liability in the context of failing to act?

A

Failing to place a person under protective custody when required

An example includes not acting when someone is in danger and they subsequently get harmed.

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44
Q

Is it civilly liable to refuse protective custody to a person when they should have been placed under it?

A

Yes, if they later suffer harm

An example would be if they get hit by a car.

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45
Q

Are you civilly liable for using excessive force during protective custody

A

Yes if the force is deemed excessive

An example includes using a foot and knee on a person’s chest.

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46
Q

People who overdose and are narcand are a public safety risk

A

True

47
Q

What is the age of a child considered in the context of being knowingly present with drugs?

A

Under 18

This designation pertains to juveniles who may be exposed to illegal drugs.

48
Q

What must officers reasonably believe to hold a juvenile in PC for knowingly with drugs

A

Reasonable belief
- child under 18
- knowingly present with class A,B,C drugs

This belief is crucial for legal action regarding juveniles and drug exposure.

49
Q

What is a key responsibility of officers when dealing with juveniles in PC?

A

Make every effort to notify parents

Informing parents is an important step in the process when a juvenile is involved.

50
Q

Fill in the blank: Officers are authorized to hold a juvenile in PC for up to _______.

A

4 hours

This is the maximum duration allowed for holding a juvenile under these circumstances.

51
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

This approach prioritizes minimizing harm while ensuring safety.

52
Q

What are the application requirements for Section 12 regarding mental health intervention?

A

Must be at least 16 years old, a parent or guardian on behalf of someone under 18, or a court-appointed guardian

These requirements ensure appropriate representation for individuals needing intervention.

53
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.

54
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.

55
Q

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

A

16

This age requirement ensures that the individual can be treated based on legal standards.

56
Q

Emergency aid exemption is applicable when

A

Person is

Unconscious or incompetent
- time is of the essence for SBI or death
- treatment is reasonable

57
Q

What is Section 12 in the context of mental health?

A

Involuntary commitment based on likelihood of serious harm

Section 12 allows for the detention of individuals who pose a danger to themselves or others.

58
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.

59
Q

True or False: A person can be held under Section 12 for up to 72 hours.

A

True

This period allows for assessment and evaluation of the individual’s mental health.

60
Q

What precautions are taken when a therapist talks to a suspect under Section 12?

A

Police remain with the therapist for safety reasons

This is especially important if the suspect has a history of violence.

61
Q

Fill in the blank: Involuntary commitment is based on the likelihood of _______.

A

[serious harm]

This standard is used to justify the use of Section 12.

62
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.

63
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.

64
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.

65
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.

66
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.

67
Q

What are the timeframes mentioned for transporting individuals as per the warrant?

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.

68
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.

69
Q

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

A

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

This grants police the authority to access private property for apprehension.

70
Q

How should individuals in categories 1 and 2 be transported?

A

Transport to the hospital

This ensures that individuals are taken to a facility that can provide necessary mental health care.

71
Q

How should individuals in category 4 be transported?

A

Transport to the court

This is required to ensure the individual can be presented before a judge.

72
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.

73
Q

When should a section 12 issued by the court be served

A

During the day when court is in session

74
Q

Entry into the home under section 12 you can enter under

A

Number 2 from a clinician or consent/exigency with number 3

75
Q

How long can you restrain adults before examinations, minors?

A

2 hours adults

1 hour minors

76
Q

What is a section 18

A

Mental health section in police lock up or HOC

77
Q

What does Section 18 cover?

A

Mental health situations in police lock up and correctional facilities

This section addresses the conditions and procedures for handling individuals with mental health issues in detention.

78
Q

Who can apply for commitment under Section 35?

A

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

These individuals can initiate the commitment process for those believed to be chronic alcoholics or substance abusers.

79
Q

What is the basis for commitment under Section 35?

A

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

This includes individuals using inhalants.

80
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.

81
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.

82
Q

How long is the warrant for commitment valid?

A

5 consecutive days

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

83
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.

84
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.

85
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.

86
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.

87
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.

88
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.

89
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.

90
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.

91
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.

92
Q

True or False: A juvenile who is 5 years old can be placed in protective custody for running away from home.

A

False

The age requirement for protective custody is strictly for ages 6-18.

93
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.

94
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.

95
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.

96
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.

97
Q

What is the first step in the protective custody procedure?

A

Conduct a search incident to protective custody

This is a necessary initial action.

98
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.

99
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.

100
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.

101
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.

102
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.

103
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.

104
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.

105
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.

106
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.

107
Q

What must officers have to enter elder services during investigations?

A

Warrant, consent, or exigency.

108
Q

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

A

False.

109
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.

110
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.

111
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.

112
Q

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

A

[name, address, title].

113
Q

What protection do officers have when entering to assist animals?

A

Immune from civil liability.

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