illigal Seizure?

[markdavis_2]

What is the name of your state? Texas

I am 21, and was taken from my home by police under TX H&S 573.002, Police Officers warrant. I had fit 30 min prior to the police arriving. I was calm when they arrived, they put me in cuffs and took me to the hospital. I thought the law says you have to be seriously ill, not CALM to be able to transport a person. Next I got to the hospital ER. They forced me to take meds. I thought I had the right to refuse. I was Brused all over by officers, while they were forcing me to take the meds. I was still calm they when took me to a psychiaric Hospital later.
Is this a 4th amendment violation, as well a 5th for excessive force. What can I do? It happend the 2nd of Feb.

 

[ceara19]

What is the name of your state? Texas

I am 21, and was taken from my home by police under TX H&S 573.002, Police Officers warrant. I had fit 30 min prior to the police arriving. I was calm when they arrived, they put me in cuffs and took me to the hospital. I thought the law says you have to be seriously ill, not CALM to be able to transport a person. Next I got to the hospital ER. They forced me to take meds. I thought I had the right to refuse. I was Brused all over by officers, while they were forcing me to take the meds. I was still calm they when took me to a psychiaric Hospital later.
Is this a 4th amendment violation, as well a 5th for excessive force. What can I do? It happend the 2nd of Feb.

You were probably being arrested for a domestic dispute charge. Once in custody, the police have the right to bring you to the hospital if they feel it is necessary, even if it's NOT life-threatening. In what manner did they "force" you to take drugs and what drugs were they?

 

[CdwJava]

You were detained for a mental health evaluation:

§ 573.002. PEACE OFFICER'S APPLICATION FOR
DETENTION. (a) A peace officer shall immediately file an
application for detention after transporting a person to a facility
under Section 573.001.

(b) The application for detention must contain:

(1) a statement that the officer has reason to believe and does believe that the person evidences mental illness;

(2) a statement that the officer has reason to believe and does believe that the person evidences a substantial risk of serious harm to himself or others;

(3) a specific description of the risk of harm;

(4) a statement that the officer has reason to believe and does believe that the risk of harm is imminent unless the person is immediately restrained;

(5) a statement that the officer's beliefs are derived from specific recent behavior, overt acts, attempts, or threats that were observed by or reliably reported to the officer;

(6) a detailed description of the specific behavior, acts, attempts, or threats; and

(7) the name and relationship to the apprehended person of any person who reported or observed the behavior, acts, attempts, or threats.

I'm going to take a wild guess here, but I suspect that there is not going to be anything wrong here unless you can show that the officers knowingly and intentionally seized you without cause.

Speak to an attorney ... but don't expect this to go your way.

- Carl