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Author Topic: Can police take you to the psychiatric hospital with no probable cause?  (Read 1592 times)
TheGr33k (OP)
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March 17, 2016, 02:45:48 PM
 #21

is she going mad?
Seem very unlikely but lets say she's telling the truth, she could file an abduction case for that as far as i know. Even if her parents give permission or invitation, it doesn't count since she was being forced.


Wrong. I wish you were right but you aren't.

This is specific to the state of Maine (just because it came up first in the search results) but the law varies slightly from state to state. In most cases it is basically the same. Anyone can be involuntarily admitted by police or family, some times anyone.

https://www1.maine.gov/dhhs/samhs/mentalhealth/rights-legal/involuntary/faq/home.html


That's in MAINE. This happened in New Jersey.



Also, I don't really think they can take anybody without probable cause, consent (because she's over the legal age) and also just no evidence or reason at all. She was in her bedroom, minding her own business and was being questioned about a situation that didn't even have anything to do with her. Makes no sense. Sure she didn't cooperate with the police, but if police gain access to you behind your locked bedroom door, I'd say that's crossing some boundaries.

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March 17, 2016, 02:49:22 PM
Last edit: March 17, 2016, 03:13:25 PM by popcorn1
 #22

I do believe I had mentioned this situation in off topic. I don't believe I got a chance to really discuss it though. Here's the thread if anyone's interested.

https://bitcointalk.org/index.php?topic=1401031.0

 I am also looking for legal advice here if it can be given. Maybe a financial adviser would be best for my situation. For my friend's girlfriend's situation though, she might need a lawyer.



So if I do recall correctly, she mentioned she was in her bedroom with headphones on behind her locked door when all of a sudden, police barged into her bedroom. Mind you, she's under 25 and still lives at home with both biological parents I believe. Her father gave the police the keys to her bedroom door. They barged in, started questioning her, but she said she had the right to remain silent. Next thing she knew, she was verbally harassed, physically harassed, pinned on her bed, handcuffed, then sent to the psychiatric hospital. The doctors let her go that same evening in about 4 short hours. I do believe if the police rightfully took her in, they would have kept her much longer.


I don't know what to think here. This is quite unusual to me. I don't know if she's telling the truth that she was in her bedroom, not making a sound and just listening to music. If that is the case, what should she do?
What were they questioning her about for her to say no comment.Need to know before I can help you.Did her parents call the cops?. And if they did why
Police don't turn up without a reason..They must of said were here because of blah blah blah.

Perhaps a financial adviser as well? I've been meaning to take care of two problems.


1 is the money from a lawsuit I had about a year ago in which I sued an employer for uncivil discrimination. I won but the money is taking too long to be paid to me and I have no idea what I'm going to do as I have bills that need to be paid.


Also, my friend's girlfriend just said her personal bedroom was intruded by police, and wants just a few minutes to talk to somebody for free on advice of what she should do. I tried googling places for free consultation but it seems like they're all indeed not free at all so I don't know on what to do about her situation

go to your solicitor to file for a debt collection no other way unless you send the mob Cheesy
the courts have ruled in your favour and he is breaking is promise to the court.
If he as said he is bankrupt and he as filed for it then you get nothing

And you girlfriends problem sue for wrongful arrest and the stress it caused her..
Remember her parents let the police in so no forced entry. But she still need a lawyer no matter what happens.

But are you sure your friends not coo koo Grin

Oh and last point..I got no money before you try that old chest nut  Cheesy
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March 17, 2016, 03:16:42 PM
 #23

It depends. In a military junta like US probably, yes. In a democratic country no. In my country we kick the ass of the cops.
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March 17, 2016, 03:31:41 PM
 #24

Probably irrelevant, but in many EU states the police have right to take someone to psychiatric hospital if they have a good reason to believe that because of his/her mental state that person can be dangerous for him/herself or for others. I guess this isn't much different in the States.
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March 17, 2016, 03:34:08 PM
 #25

Probably irrelevant, but in many EU states the police have right to take someone to psychiatric hospital if they have a good reason to believe that because of his/her mental state that person can be dangerous for him/herself or for others. I guess this isn't much different in the States.

Well in EU they can take you to a psychiatric hospital, but then your mental issue has to be confirmed by multiple doctors!
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March 17, 2016, 04:28:06 PM
 #26

Well in EU they can take you to a psychiatric hospital, but then your mental issue has to be confirmed by multiple doctors!

That's correct. But nobody can sue them if they they took you there for a good reason.
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March 17, 2016, 05:09:51 PM
 #27

There are no EU. There are different European countries. Every country has its own laws and its own culture.
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March 17, 2016, 06:07:24 PM
 #28

Ofcourse they can, if you are a crazy satanist freemason nutter you can be dangerous for others. (e.g.  murder of Black Dahlia).
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March 17, 2016, 08:52:40 PM
 #29

Bad news everyone: she was telling the truth. You're probably wondering why that's bad news. Well, I made a bet with her boyfriend that she was lying and that if indeed she is, you gotta pay me 300 worth of CAD
..



RIP money. Sad


TheGr33k (OP)
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March 17, 2016, 09:07:02 PM
 #30

Ofcourse they can, if you are a crazy satanist freemason nutter you can be dangerous for others. (e.g.  murder of Black Dahlia).
Yeah, I mean, if she was in her bedroom doing nothing, then I guess that qualifies as probable cause, huh?



How old are you?
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March 17, 2016, 09:25:22 PM
 #31

is she going mad?
Seem very unlikely but lets say she's telling the truth, she could file an abduction case for that as far as i know. Even if her parents give permission or invitation, it doesn't count since she was being forced.


Wrong. I wish you were right but you aren't.

This is specific to the state of Maine (just because it came up first in the search results) but the law varies slightly from state to state. In most cases it is basically the same. Anyone can be involuntarily admitted by police or family, some times anyone.

https://www1.maine.gov/dhhs/samhs/mentalhealth/rights-legal/involuntary/faq/home.html


That's in MAINE. This happened in New Jersey.



Also, I don't really think they can take anybody without probable cause, consent (because she's over the legal age) and also just no evidence or reason at all. She was in her bedroom, minding her own business and was being questioned about a situation that didn't even have anything to do with her. Makes no sense. Sure she didn't cooperate with the police, but if police gain access to you behind your locked bedroom door, I'd say that's crossing some boundaries.



Well sorry but I am not psychic, I don't know which state you are referring to. I did however explain the process is similar in almost every state. Police can in fact involuntarily commit you in New Jersey. Considering I am the only person so far to provide you with factual information on the subject I am surprised you don't bother reading what I post completely before dismissing it.

http://www.shapiro-croland.com/blog/families-in-new-jersey
TheGr33k (OP)
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March 17, 2016, 09:44:27 PM
 #32

is she going mad?
Seem very unlikely but lets say she's telling the truth, she could file an abduction case for that as far as i know. Even if her parents give permission or invitation, it doesn't count since she was being forced.


Wrong. I wish you were right but you aren't.

This is specific to the state of Maine (just because it came up first in the search results) but the law varies slightly from state to state. In most cases it is basically the same. Anyone can be involuntarily admitted by police or family, some times anyone.

https://www1.maine.gov/dhhs/samhs/mentalhealth/rights-legal/involuntary/faq/home.html


That's in MAINE. This happened in New Jersey.



Also, I don't really think they can take anybody without probable cause, consent (because she's over the legal age) and also just no evidence or reason at all. She was in her bedroom, minding her own business and was being questioned about a situation that didn't even have anything to do with her. Makes no sense. Sure she didn't cooperate with the police, but if police gain access to you behind your locked bedroom door, I'd say that's crossing some boundaries.



Well sorry but I am not psychic, I don't know which state you are referring to. I did however explain the process is similar in almost every state. Police can in fact involuntarily commit you in New Jersey. Considering I am the only person so far to provide you with factual information on the subject I am surprised you don't bother reading what I post completely before dismissing it.

http://www.shapiro-croland.com/blog/families-in-new-jersey

Clearly I read what you said if I responded to it.


I did research of my own as well. Police have to have one or all of the following in order to take you into their custody:

* Probable cause
* Court appointed demand/ warrant


If you're sitting in your bedroom behind a locked door listening to music and then suddenly you get invaded and asked about things that have nothing to do with you and you exercise your right to remain silent and refuse to participate, that doesn't give probable cause that you're mentally ill.
TheGr33k (OP)
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March 17, 2016, 11:47:34 PM
 #33

Also @techshare,  that thread you researched was made more than 3 years ago. Not only that, it's not an organization website at all. I need a government issued website that is up to date.


Also, it doesn't even say anything on what rights you have. It's not related at all. Did you read the entire post?
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March 18, 2016, 04:46:36 AM
 #34

"Probable cause" is whatever the police say it is. That's not proof, that's someones word/opinion. So its 3 years old... and? Do the laws change every fucking year? Also that's a lawyer's website not some "organization website". I don't think he would be in business long posting inaccurate legal information. Additionally either you don't know how to read or you didn't read it because the info is there. If you don't like what I linked you can do your own research you lazy fuck. You aren't bothering to read what I am posting anyway.
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March 18, 2016, 07:49:46 AM
 #35

I believe someone might have observed her from time to time so they can get basis and report it to the police? Cause i don't think the police would just barge in to some people's house without authorization.
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March 18, 2016, 08:20:15 AM
 #36

"Probable cause" is whatever the police say it is. That's not proof, that's someones word/opinion. So its 3 years old... and? Do the laws change every fucking year? Also that's a lawyer's website not some "organization website". I don't think he would be in business long posting inaccurate legal information. Additionally either you don't know how to read or you didn't read it because the info is there. If you don't like what I linked you can do your own research you lazy fuck. You aren't bothering to read what I am posting anyway.
If you're going to talk to people like that, nobody is going to take anything you say seriously.



See yourself out of my threads, please. Good day.
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March 18, 2016, 08:23:07 AM
 #37

I believe someone might have observed her from time to time so they can get basis and report it to the police? Cause i don't think the police would just barge in to some people's house without authorization.
No. I actually found out she was telling the truth. The documents were in my hand for about 19 minutes and I got to read them actually.



There was no probable cause in this scene. She was confirmed by police in her bedroom with headphones on. Also was confirmed by the hospital that she was handcuffed when she came in .
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March 18, 2016, 09:52:53 AM
 #38

Police can do whatever they want, whatever they can get away with. But they better have probable cause, and it better be good. If it isn't good enough, the city will be paying - the city taxpayers will be paying.

https://bitcointalk.org/index.php?topic=1397878.msg14204384#msg14204384

Cool

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March 18, 2016, 10:35:59 PM
 #39

I believe someone might have observed her from time to time so they can get basis and report it to the police? Cause i don't think the police would just barge in to some people's house without authorization.
No. I actually found out she was telling the truth. The documents were in my hand for about 19 minutes and I got to read them actually.



There was no probable cause in this scene. She was confirmed by police in her bedroom with headphones on. Also was confirmed by the hospital that she was handcuffed when she came in .
I do enjoy Tectroll and Greek arguing, but alas I'm sure it won't continue.  Now what I said before I think is true for all states--the police can take you in if they think you're a threat to anyone or if you get a physician's certificate saying as much.  I've seen it happen, but they don't do it willy nilly.

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TheGr33k (OP)
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March 19, 2016, 12:43:47 AM
 #40

Police can do whatever they want, whatever they can get away with. But they better have probable cause, and it better be good. If it isn't good enough, the city will be paying - the city taxpayers will be paying.

https://bitcointalk.org/index.php?topic=1397878.msg14204384#msg14204384

Cool
Welp, no probable cause here! I feel so bad for her!


And my $300! Sad
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