Law enforcement officers should clearly explain why they have invoked the Baker Act to admit a person whom they have encountered. Their report should contain statements and information supporting the use of this act. Some of the specific reasons for involuntary examination include:
- Harm to self or others – the belief a person could cause serious harm to themselves or others
- Neglect or refusal of care – the officer has an expectation there is no family intervention to ensure the person will take care of themselves.
A combative prisoner, a person under the influence of drugs or alcohol, or a party to a domestic dispute should not automatically mean the officer should seek involuntary admission under the Baker Act. If this is the case, the patient has a right to request an internal affairs complaint be lodged against the officer.
Requesting an Internal Affairs Investigation
Anyone who feels their rights have been violated by a law enforcement officer should contact an attorney who has experience with Baker Act admissions. An attorney can review the police reports which were written prior to admission and request an interview with the officer(s) involved.
If you believe your rights have been violated by a law enforcement officer who ordered your involuntary admission under the Baker Act, contact Talmadge Law Firm for assistance. We have experience helping Baker Act patients thanks to a combined background as a psychologist and Baker Acts.