My then boyfriend (now husband) was arrested 2/28/2011 for what is now still a pending domestic violence case with his ex-wife. Apparently, after the alleged incident he tried to commit suicide by drinking bleach. He called his best friend to say goodbye and tell him why he drank the bleach, and his friend talked him into going to the hospital and that it wasn't worth dying over. He went to the hospital and checked himself in saying he "had poisoned himself". They gave him a bucket to throw up in while they waited to get him into triage. Before he could get in, an officer saw him through a window and motioned him to come outside. He wasn't trying to get in trouble so he went out and the officer arrested him on the spot. He tried to tell him why he was there, but the officer wouldn't listen and brought him back to the station to book him. While being there he finally got them to listen about the poisoning of himself, to commit suicide, and that is the reason why he was there. They then informed him his ex-wife had been brought there too and that is why they had believed he was there, but they never even tried to find out from the hospital why he was there. They eventually (2 hours later) brought him back to the hospital where he was treated for attempted suicide and brought to a mental facility until he was cleared to be stable for release. Is it illegal to coax someone who is seeking medical attention out of an emergency room and arrest them without finding out why they are there? Is this considered inproper arrest? Is there anyway to handle this legally? is it illegal?
Country relating to Question: United States
State (if USA): New Jersey
To report to police dept. they sent to county for investigation and the officer was not charged. Investigation was kind of laughed off since his ex-wife's brother-in-law is the head of internal affairs.
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.This would certainly be considered violating procedures. You made the complaint, and unfortunately, nothing came of it because the relationships involved.If he had suffered damages from what happened, he would definitely have a lawsuit against the department. The issue, though, is that even as his rights were being violated, he has to show that damage occurred in some way to get a recovery.The case is still worth pursuing. This would be bad PR for the police department once this gets out. I suggest you contact some local attorneys and explain the situation. All you need is one lawyer to agree to take it on a contingency. If you don't know of a lawyer to talk with about this, go to one of the lawyer referral services listed by the American Bar Association. You can do that herehttp://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=NJPlease remember to only rate my answer when you are 100% satisfied. IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have. I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces. If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you. Thank you, Nate
Relist: Incomplete answer.If the expert could just say whether or not this is considered inproper arrest I would be satisfied.
Yes, it would be considered to be improper. The proper thing to do if there was to be an arrest would have been for the officer to enter the ER and determine his medical status first. The officer would then be allowed to supervise and watch over him until he was released from the hospital.
Over 8 years of legal practice.
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