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Magistrate issues mental health emergency detention order. Officers go to patient's house. Patient refuses to open the door. How far can officers go to get into the house and take patient into custody?

Anyone with experience or thoughts on the subject?

I have wondered about an entry into the home under the community caretaking exception, given the fact that we have an order based on a sworn assertion that the patient is a danger to self or others. We thought about a search warrant, analogous to criminal law, but we have no probable cause of a crime to assert.

Or perhaps the magistrate's order itself is enough.

Any thoughts would be appreciated for future use.
 
Posts: 362 | Location: Plainview, Hale County | Registered: January 11, 2005Reply With QuoteReport This Post
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