Ronald Smith v. Bexar County, Texas, et al.
SocialSecurity FourthAmendment CriminalProcedure Securities Privacy JusticiabilityDoctri
Whether Courts and Police improperly conflate subjective personal traits with true 'mental illness' in the context of street encounters resulting in unlawful Emergency Mental Health Detentions?
Unde r the 4th Amendment, a warrantless emergency mental health detention constitutes a physical seizure. Police often misconstrue ordinary street encounters with citizens as “mental crises,” and wrongfully seize the public. Police also use the Community Caretaking Function as a font for insidious criminal investigations. There is no “universal” standard which delineates the circumstances and/or legal requirements for such seizures. (1) Whether Courts and Police improperly conflate subjective personal traits with true “mental illness” in the context of street encounter s resulting in unlawful Emergency Mental Health Detention s? (2) Whether the Community Caretaking Function has become a bountiful panacea for unlawful detentions, illegal seizures, and insidious searches by law enforcement?