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The police broke into my mothers house to serve a warrant on…

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The police broke into...

The police broke into my mothers house to serve a warrant on my brother. My mother was there. My brother was hiding in closet. The police shot him twice. He’s in the hospital in icu. He’s had one surgery and will have another tomorrow. The dr and nurse talked to my mother at the hospital last night. There is an investigation. One bullet fired by an officer did ricochet and hit another officer. My brother was holding an ax handle but didn’t try to hurt officers. When we call the hospital they say that they do not have my brother there. Then they called and said they were doing exploratory surgery tomorrow but will not tell us the time or let my mother see him. He is unconscious. I know that he could die from the injuries. Is there any way we could get visiting rights?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

This happened in Tennessee

Lawyer's Assistant: What steps have you taken so far?

I’m in North Carolina. My mother and aunt were the ones at the house and hospital last night when all this happened. They were denied access to him then. They have made calls to hospital with the hospital saying that they don’t have my brother. Then just received a call back from hospital with hospital stating that they were doing exploratory surgery tomorrow. They will not tell us any details. The police did cuff my mother last night but said she was not under arrest and they took a statement from her and released her. But this was after her witnessing them shoot her son point blank twice. My mother is in shock. She plans to go to hospital tomorrow. I want to know if we have more rights as to be updated on his condition. I’m afraid he will die and we won’t be notified or get to see him.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My brother is addicted to meth. He had a warrant for failure to appear. He hasn’t been charged with any violent or drug related crimes. I don’t know what amount of drugs they found on him. I don’t think he would keep much in my mothers home but I don’t know for sure.

Submitted: 4 months ago.Category: Legal
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Answered in 29 minutes by:
3/24/2018
Lawyer: Jonathan Holson,
 replied 4 months ago
Jonathan Holson
Category: Legal
Satisfied Customers: 145
Experience: Associate at Martin and Wagner, P.A.
Verified
Hi. That sounds like a terrible situation. I’m sorry to hear about it. I’m sure your mom must be traumatized. I would assume that your brother is technically in police custody even though he is in the hospital. As a result, law enforcement would control the ability for your family to visit. Generally the hospital can’t communicate your brother’s condition unless he has authorized that to occur. But it’s not clear if he’s in the condition to provide that authorization.
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Customer reply replied 4 months ago
If someone is in critical condition and sedated does the family have any rights to visit ?
Lawyer: Jonathan Holson,
 replied 4 months ago
Generally speaking I would say yes, but I’m sure the situation differs if the individual is in police custody. I would reach out to the law enforcement agency to see if they will let you visit. I would hope they would following an appropriate search of the folks who are visiting.
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Lawyer: Jonathan Holson,
 replied 4 months ago

Does that answer your question? Anything else that I can help with?

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Lawyer: Jonathan Holson,
 replied 4 months ago

Was this helpful? If so, I would appreciate a five star rating.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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