Legal Question in Civil Litigation in Missouri
In the State of Missouri, What is the procedure for taking a person into custody on a 96 hr hold? What type of training does a law enforcement officer have to establish that a person needs to be detained for a 96 hr hold? Does an affidavit need to be signed by a judge before subject is detained? Can the officer use what is said by the subject at the time of arrival as evidence against the subject in establishing detaining the subject?
1 Answer from Attorneys
This normally happens through the person's doctor, an emergency room physician, a social worker or a police officer. Teh procedure is that they taek the person to an authorized psychiatric facility or criminal dtention center. A petition or notice (depending upon who is doing it) is field with the probate court of the county where the individual is. The probate court will call a hearing within the 96 hr period or set one for just before the expiration. At the hearing, the entity seeking to excute or maintain the Hold will present evidence to show the cause for continued holding.
Good luck
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