Ep # 374 May police enter home to take someone into custody for a mental eval?

Roadside Chat: May police enter home to take someone into custody for a mental eval?

In this video, Anthony Bandiero talks about the Texas Health and and Safety Code Section 573.001 and if the police can conduct evaluation of subjects for their mental statuses inside their homes.

The Tenth Circuit adopted a new two-part test that asks, like the test we adopt here, “whether (1) the officers have an objectively reasonable basis to believe there is an immediate need to protect the lives or safety of themselves or others, and (2) the manner and scope of the search is reasonable.”

United States v. Snipe, 515 F.3d 947, 953 (9th Cir. 2008)

Sec. 573.001. APPREHENSION BY PEACE OFFICER WITHOUT WARRANT. (a) A peace officer, without a warrant, may take a person into custody, regardless of the age of the person, if the officer:

(1) has reason to believe and does believe that:

(A) the person is a person with mental illness; and

(B) because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and

(2) believes that there is not sufficient time to obtain a warrant before taking the person into custody.

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