Legal Question in Criminal Law in California

Hi, I have just had a pretty bad experience with my local police and am curious about the legality of their actions. It went like this, my wife and I had just had an invigorating discussion, the culmination of which resulted in her decision to leave, there was no violence at all and never has been. I was rather troubled and called my mom, my mom called a friend/neighbor this neighbor called the police and told them I was suicidal. The police responded by confronting me on my porch, 4 strong, and immediately began ordering me around, I had done nothing illegal and as such was a bit indignant about 4 officers harassing me at my home in what was clearly not a criminal issue. The officers responded by tackling me, pulling my hair kneeing me wrenching my arms and handcuffing me and putting me in their car. Is this really the way the law works? do they have the right to do this? Is it really the case that a third party can sick the cops on anyone by "accusing" them of being suicidal? Is it a crime to be sad in my own home? moreover, is it really the best course of action to, when their is an allegedly suicidal person to send 4 armed thugs to What? beat them into not being suicidal anymore?


Asked on 2/26/11, 3:00 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

When someone is reportedly suicidal, the police investigate. If they agree that the person seems suicidal, they will often take him to a hospital for a psychiatric evaluation. He can be detained for several days against his will while he is evaluated, though there are ways he can challenge his detention. This does not mean that the police suspect him of a crime; it just means they believe he poses an imminent risk of harm to himself or to others. Firefighters and other public safety personnel sometimes perform the same duties, so you should not read too much into the involvement of police in your particular case.

People who are (or just seem) suicidal often respond violently to the police, which is why they usually arrive in teams and why they are prepared to subdue the person quickly if need be.

Police ordinarily do not subdue someone just because he is "indignant". If that's really what happened, then they were out of line. My guess, though, is that there is more to the story.

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Answered on 2/27/11, 11:58 am


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