Protective Arrests Flashcards
111B/3 defines incapacitation as the condition of a person who, because of alcohol consumption is (DUMP)
1) Disorderly
2) Unconscious
3)Medical Attention (In need of )
4) Physical harm or property damage (Likely to cause)
True or false. An incapacitated individual may not be removed from his home and placed in protective custody, 111B/8, because that statue directs the incapacitated individuals be left in their home if they are discovered in that location and it is safe for them to remain there
False
True or False. Disorderly protective custody is defined the same way as it is for criminal disorderly conduct under 272/53
True
A person who is taken into protective custody because of alcohol may be brought to (3)
1) Home
2) Hospital
3) Station
Intoxication does not equal ________
Incapacitation
When a juvenile is taken into protective custody for alcohol incapacitation and is taken to the station, officers must …….
Notify the parent or guardian of any person under 18 years old as soon as possible
An adult taken to the station blows a .04 on the breathalyzer what must happen after
Immediate release
What are the three ranges for ADULT breathalyzer tests for protective custody
1) .10 or above is incapacitation
2) .06-.09 FST must be conducted after to determine incapacitation
2) .05 or below means immediate release
To require sobriety testing pursuant to the protective custody statue under Chapter 111B officers must possess a ________ _______ of incapacitation
Reasonable suspicion
(This makes sense because it is the same level of information to test an individual for OUI)
To take an adult or juvenile into protective custody under 111E/ 9A the standard is _____ ______ to believe he or she is incapacitated due to drugs, inhalants, or some other substance other then alcohol
Specific facts
(The standard is basically probable cause)
111E/9A provides that adults incapacitated by a reason of controlled substance be brought to ……
Hospital
( Only Hospital for PC drugs)
True or False. Anyone who receives narcan for an overdose should be placed into protective custody if he or she refuses transport to the hospital
True
(They may refuse to be transported after Narcan is deployed but is ia a suggestion that they be PC to the hospital for further medical evaluation)
With respect to protective custody the realistic sources of civil liability for officers are when they fail to _______ in an obvious case or use _____ ______
Act
Excessive force
Under 94C/36 officers may take child into protective custody for up to ____ hours provide that they reasonably believe the child is under _____ years of age, and is present with and has knowledge of controlled substance in classes _____,_____,_____. Finally under this law a child should be released as soon as possible to his or her ________ or ________
4 hours
18 years old
Class A,B,C
Parent or Guardian
In the even that officers come across a juvenile exposed to drugs and are unable to make contact with the juveniles parent or guardian they must hold the child in protective custody in an ______ ___ _____ _____ ____ _____ for no longer than _____ hours
An unlocked area under continuous visual supervision
4 Hours
A person has the right to refuse medical treatment. In fact rendering treatment to a competent person without his consent is considered a _________. However there is an emergency exception to the informed consent doctrine which requires that the situation involve ……..
Battery
Life threatening or serious emergency
GL Chapter _____ sets out various methods for placing a person into mental health treatment
123
A Person must be at least _______ years old in order to apply for voluntary mental health commitment under section 10
16 years old
True or False. The fact that police officers are present with a dangerous person in the hospital waives that person psychotherapist privilege, All statements heard by officers are admissible in the trial of the accused patient.
false
(The defendants statements are typically inadmissible unless the court later rules that the interest of justice require that the communication be disclosed)
The standard for involuntary hospitalization pursuant to 123/12
Likelihood of serious harm
Under 123/12 an involuntary commitment for those who are seriously mentally ill, may occur for a maximum ______ days
3
There are four categories of involuntary commitment under 123/12 for emotionally disturbed persons. For _________, since the commitment order is issued by a clinician and/or Judge, officers may enter private homes to place the EDP into protective custody.
Categories 1,2 and 4
When Police officers detain a mentally ill person who is about to harm himself based on their own judgment at the scene, this is known as a ______ _______ seizure
Category 3
What are the involuntary commitment categories
1) Category 1 -Clinician issues a commitment order based on examination
2) Category 2- Clinician issues an order in an emergency
3) Category 3- Officer retrains EDP ( in an emergency situation officer may restrain an EDP who they believe posses a likelihood of serious harm)
4) Category 4- Judge Issues Warrant of Apprehension
A likelihood of serious harm means - that officers are concerned that there is a _____ _____ __ ______ ____ to either the person restrained or others; or a “very substantial risk oh physical impairment” because the person is unable to protect himself in the community
substantial risk of physical harm
When a qualified clinician issues a commitment order based on their judgment, but without the benefit of a personal interview with the mentally ill individual, this is known as a _________ seizure
Category 2
True or False. If a qualified clinician issues a commitment order, then police officers may enter a home without a warrant in order to take the mentally ill person identified into custody
True
In order to conduct a forcible entry into a home for the purpose of taking someone into involuntary, mental health custody, a police officer must have, at a MINIMUM , which of the following
Probable cause that the person is a danger to self or others because of their mental condition
123/21 gives police the explicit authority to __________ and _________ patients
Restrain and Transport
Under ______/_____, any police officer, physician, spouse, blood relative, guardian or court official who reasonably believes that a person is an _______ or _________ ______ may petition the district court in writing to commit that person to up to _________ days
123/35.
Alcoholic
Substance Abuser
90 Days
What is the standard of proof for a section 35 petition
Clear and convincing evidence
What is the standard of proof for long term hospitalization
Beyond a reasonable doubt
Home entry to serve a section 35 warrant is justified by a ______ _____ _______ for believing that a person needs immediate aid
Objectively Reasonable basis
