DET-10 protective custody Flashcards
What is needed to place a person into protective custody?
Probable caused to believe the person is incapacitated
Intoxication alone is not sufficient to warn a finding of incapacitation.
Pursuant to Massachusetts law, any person who is incapacitated due to the consumption of alcohol, may be assisted by a police officer with or without their consent where?
With or without consent the police may bring a person to
Home
Facility
Police station
Pursuant to Massachusetts law, any person who is incapacitated due to consumption of a substance other other than alcohol maybe place into protective custody with or without their consent they must be transported to where?
Hospital or satellite emergency facility for emergency medical treatment
Alcohol incapacitation is a two-step process. The following is required.
Step one: DUMP
Step two : assessment of intoxication, steps below:
Right to a breathalyzer
Presumption of intoxication is any person who has a BT of .10 or above
Sobriety testing : if any person has a BT of .06, .07, .08, .09 Police are authorized to administer sobriety testing. If result of test indicate intoxication, they shall be placed into protective custody.
Release for with any person who has a BT of .05 or less. However, if minor with any BT reading release to parents/guardian/adult.
Drug incapacitation is a stwo-step process:
Step one: DUMP
Step two : assessment of impairment, follow steps below:
A police officer may ask a person to consent to reasonable test of coordination, coherency of speech and breath to determine in capacitation. A police officer may also place a person into PC with such test or other information of observations indicate the person is incapacitated.
Incapacitated transport to the hospital
A police officer shall assist incapacitated person by bringing him or her to:
Home
A police station (shall notify detox facility)
A facility (if unable to transport to facility, then keep at police station)
If a juvenile is brought to the station for protective custody, what should happen?
The parent, guardian, legal custodian shall be notified fourthwith upon the juveniles arrival.
Upon request of the parent/guardian said juvenile should be released to the custody of parents/guardian
A juvenile placed in PC for alcohol cannot be securely detained for any amount of time
Juvenile placed in PC for controlled substance/Toxic vapors must be transported to the hospital.
What are the time restraints for protective custody?
until no longer incapacitated, or for a period of no longer than 12 hours, whichever is shorter.
Can reasonable force be used to take a person into protective custody?
Yes. Also, may search the person and immediate surroundings for weapons.
Do I need to make an incident report if somebody is taking into protective custody?
Yes. Date time, place custody name of assisting officer, name of the officer in charge whether the person held in their custody exercise, the right to make a phone call whether they exercise the right to take a breathalyzer test and results of the breathalyzer test the name of the facility notified transportation was arranged..
What form is mandatory for protective custody?
SP 850 protective custody form demonstrating subject was read and understood. These rights must be completed.
What is the 94C protective custody for children?
The child is under 18 and is in the presence of class A, B, C controlled substance, and the member reasonably the the child knows of the control substance presence.
PC for no longer than 4 hours !
Make reasonable effort to notify the child’s parents, guardian, or person having lawful custody .
Can a juvenile be placed in a cell when they are under protective custody
No never. But they may be handcuffed just not to a stationary object.
