Two questions:

1. How long is a mental health warrant (emergency detention order) effective?

2. Can the sheriff forcibly enter a residence to apprehend the proposed patient?

It is not wise to offer any opinion without citing relevant authority. But I know of no caselaw on this topic, and hope that someone will dredge up such.

My response - viz. the duration of a warrant - is that "it depends". In many jurisdictions, the constable or sheriff will refuse to serve a warrant after 72-96 hours. The reasoning is that the facts relating to the warrant have become stale, though the courts have previously held that a "recent overt act" (see 574.034, 035) could arise from events of the past few months. Certainly it would be difficult to argue at probable cause for any degree of urgency (for an OPC) if the proposed patient managed to handle himself/herself for a week, two weeks or more, without creating just the conditions which hospitalization was designed to prevent.

My notion on the latter issue is that it would depend upon the allegations in the application, i.e. imminence of harm.

We recently did one and were able to stretch it out for 30 days. You have to watch the time limits, however.

Yes, the Sheriff can go into the house and drag the person out, so to speak, pursuant to a mental health warrant. What would be the point of having a warrant system if your Sheriff couldn't enforce it.

If I'm all wet, tell me.

Some jurisdictions require that the applicant be present to identify the proposed patient. This is, however, an issue of policy more than an issue of law.