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  1. #1
    Join Date
    Nov 2013
    Location
    Atlanta, Georgia
    Posts
    18

    Default Unresponsive Person Woke and Became Combative With Police Called to the Scene

    My question involves civil rights in the State of: I found my 36 year old son unresponsive due to alcohol and possible prescription medication. After several tries I contacted 911 emergency services. EMS arrived and tried to get him to respond several times. Once he came around he was definitely impaired and was having trouble talking to the EMT’s. He knew what day it was and was able to answer questions. He refused medical treatment and was in his own home. When County PD arrived, things changed. He did become combative (verbally) with them due to the manner in which they were treating him. He did stand up and say to them, “take me to jail” I stepped in and tried to calm him down for which I was pulled out of the way and he was tased twice. He was arrested and charged with three felonies, two obstruction of a police officer and one obstruction of an EMT. When he was responding and still lying in his bed they should have stopped and left. The abusive tone in which one firefighter used and one PD officer was shocking to me, since I am a certified officer myself. Please guide me on how to proceed with this. I am at a loss and concerned to say anything to my department. The state in which this took place is Georgia.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: After a 911 Call for an Unresponsive Person an Arrest Pursured

    Not to be Capt. Obvious, by your own admission he may have needed to be committed for psych eval. When the officers were attempting to determine his mental state, he became combative and was arrested. Hire the dummy a lawyer.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: After a 911 Call for an Unresponsive Person an Arrest Pursured

    Quote Quoting marcat
    View Post
    I found my 36 year old son unresponsive due to alcohol and possible prescription medication. After several tries I contacted 911 emergency services. EMS arrived and tried to get him to respond several times.
    A dangerous situation, indeed. And, given his age, quite troubling. I'd be thinking it was an intentional overdose on the face of it.

    He refused medical treatment and was in his own home. When County PD arrived, things changed. He did become combative (verbally) with them due to the manner in which they were treating him.
    Clearly, there was some concern for his state of mind. I suspect they had been intending to take him into temporary custody for a mental health evaluation, correct? As such, he doesn't have a right to refuse and can be charged with a crime if he fights with the police trying to detain him. However, under those circumstances it is typical that charges will not be pursued - at least not serious ones - as he was obviously being contacted as a result of his mental state.

    If, on the other hand, they were not engaging him about his mental health (and the intent of his actions) and he fought with them anyway, he might be liable for the criminal charges. But, that will depend on evaluation of the whole situation including what the officers were trying to accomplish and whether they had a right or obligation they were attempting to fulfill.

    When he was responding and still lying in his bed they should have stopped and left.
    It's not always that simple. If this had been a simple medical issue, you might be correct. But, when you have someone of his age that downed alcohol and pills in what could have been a fatal or near-fatal dose, the authorities have an obligation to inquire further. Or, would you prefer that your son simply finish the job when you leave the room?

    The abusive tone in which one firefighter used and one PD officer was shocking to me, since I am a certified officer myself. Please guide me on how to proceed with this. I am at a loss and concerned to say anything to my department. The state in which this took place is Georgia.
    If you are a currently employed and certified peace officer than you should know what they were trying to do and should understand the dangers and risks involved when combining drugs and alcohol and the likelihood that this destructive behavior was brought about by a mental health condition.

    If you are upset with the attitude and demeanor of the responders, you can complain to their respective employers. If you feel the force used was excessive, you can also make a complaint. Your son, if he feels he was a victim of excessive force, is free to engage an attorney and discuss his options and the likelihood of any possible award.

  4. #4

    Default Re: Unresponsive Person Woke and Became Combative With Police Called to the Scene

    I'd be curious to know who summoned police to the scene. If the 911 call came in as a "man down" with no implication of a crime but at face value a medical issue, and garnered a response where EMS was first on scene and went in without a police escort (since police arrived later), then how did law enforcement get involved? I can't speak for the whole country obviously, but having worked 911 at the city and county levels, that call would have gone over to the fire-rescue side and officers in the field wouldn't have even been informed of the situation. Although curious/bored officers certainly have been known to follow an EMS unit that they happen to see running code, it doesn't sound like that happened here, as police arrived some time later. So somewhere, somehow, SOMEONE appears to have requested their response. One can only presume that the someone in question may have been the EMS responders themselves, unless there were other circumstances, such as multiple 911 hangups or some other activity that brought the situation to police attention.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Unresponsive Person Woke and Became Combative With Police Called to the Scene

    Once he came around he was definitely impaired and was having trouble talking to the EMT’s. He knew what day it was and was able to answer questions. He refused medical treatment and was in his own home.
    if he was having trouble talking to the emt's, how could he have refused medical treatment?

    While a person generally has a right to refuse medical treatment, as a cop you should know that does not apply to a person incapable of actually refusing the treatment. A person so intoxicated or under the influence of drugs they may have trouble talking to the emt's may not be in a state of mind able to refuse treatment, legally.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Unresponsive Person Woke and Became Combative With Police Called to the Scene

    Around here if they have an unresponsive party as a result of drugs or alcohol, they will automatically respond law enforcement as well as medics. Responses vary.

    It might also be possible that the police scanned the EMS frequency and heard them report a non-responsive or argumentative subject under the influence of drugs and alcohol, or were summoned to the scene, or ... well,m most any reason. The fact remains, they were there and they have a right to act on what they observe.

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