Legal Standard for Warrantless Mental Health Seizure

[摘要] probable causeFourth Amendmentemergency mental health seizureFourth Amendment Requires Probable Cause of Dangerousness for Warrantless Mental Health SeizureIn Graham v. Barnette, 5 F.4th 872 (8th Cir. 2021), the U.S. Court of Appeals for the Eighth Circuit reconsidered, on remand from the U.S. Supreme Court, the district court’s granting of summary judgment for officers and the City of Minneapolis, who had been sued after entering Theresa Graham’s home without a warrant, seizing her, and transporting her to a hospital for a mental health evaluation. The Eighth Circuit reaffirmed the district court’s judgment, stating that the Fourth Amendment requires only that the person poses an emergent danger to herself or others.

[学科分类] 儿科学

[关键词] probable cause;Fourth Amendment;emergency mental health seizure