Illegal search

[Blandon123]

Texas, I was taken to jail recently with no criminal charges. They said they detained me for my own safety in the police report. At which time they preformed a search and found a controlled substance in my pocket. However before detaining me they took me to trip county mental health we're I was evaluated and deemed not a hard to myself or others. It seems like they shouldn't be able to detain me for safety after a mental health professional said I was safe. Can this be considered a wrongful arrest therefore an illegal search?

 

[quincy]

Texas, I was taken to jail recently with no criminal charges. They said they detained me for my own safety in the police report. At which time they preformed a search and found a controlled substance in my pocket. However before detaining me they took me to trip county mental health we're I was evaluated and deemed not a hard to myself or others. It seems like they shouldn't be able to detain me for safety after a mental health professional said I was safe. Can this be considered a wrongful arrest therefore an illegal search?

Why did the police believe you might harm yourself or others?

I do not see the actions by the police as "wrongful" based on the little you have said here.

 

[CdwJava]

If you are detained for a mental health evaluation, then a search of your person is generally lawful as being both prudent and necessary since they will be taking you to a facility where you are to be evaluated. Medical and psych personnel take a dim view of allowing drugs and weapons into their facilities.

 

[Taxing Matters]

Texas, I was taken to jail recently with no criminal charges. They said they detained me for my own safety in the police report. At which time they preformed a search and found a controlled substance in my pocket. However before detaining me they took me to trip county mental health we're I was evaluated and deemed not a hard to myself or others. It seems like they shouldn't be able to detain me for safety after a mental health professional said I was safe. Can this be considered a wrongful arrest therefore an illegal search?

The officer is not a mental health professional. If, based on what the officer knew at the time, it appeared that you might be a harm to yourself or others, he may detain you and take you for a mental health evaluation at a designated facility for that. After detaining you he may generally do at least a limited search to ensure you have nothing that could cause him or others harm. Thus the search may indeed have been good. The fact that the mental health professional determined after your evaluation that you are a risk to yourself or others doesn’t automaticallly make the detention and search unlawful. Discuss the circumstances of the search with your lawyer to see if you might have a basis to seek suppression of the drug evidence that was found.

 

[quincy]

If you are detained for a mental health evaluation, then a search of your person is generally lawful as being both prudent and necessary since they will be taking you to a facility where you are to be evaluated. Medical and psych personnel take a dim view of allowing drugs and weapons into their facilities.

^^^ like ^^^

Here is a link to the "emergency detention" laws in Texas: http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.573.htm