Legality and Limits of Police Wellness Checks (John's Briefs)

Attitude. Skills. Plan.

[TheSevonne]

What can someone do if a person sends their cop friends to do a bogus “wellness check”, detains them, tells them they’re doing a wellness check because someone said they were suicidal, a threat to others and using drugs, then searches their vehicle without their consent or a warrant, admits they know it wont hold up in court and they don’t expect it to and dont care. The cops act with arrogance because they know there will be no consequence for them. What could that person do in that case ?

[jimwilson]

Great subject. We had a case in Fort Wayne where I live, where a guy called for a wellness check for his mother in her apartment. He waited for the police to get there and the police found his mother inside dead of multiple stab wounds. The problem was the police noticed the son had bandages on his arm that looks suspicious. They took the son to the police station for questioning and found out that the son had gone to the mother's apartment and asked her for money. When the mother would not give him her debit card he killed her and received injuries from her fighting him off. He tried to use the wellness check to make it look like he knew nothing about her death. He didn't get away with it, and was arrested.

[adama]

The problem is that crank calls happen.

[StanBarkington-btfu]

There merely request for a welfare check does not create exigency and if police arrive at someone’s house for a welfare check and the person tells them “hey I’m ok. Leave” they need to leave unless they have objective evidence of exigency. They can’t just say “no I’m not leaving because someone called here.” Again, cops needs to respect a persons rights to be free of unreasonable government intrusion.

[Republican_Extremest]

@4:18 enforce the law according to the terms they interpret them. The Supreme Court ruled its not the job of the Police to protect us the citizens. Their job is always to identify extort and escalate then intimidate. The police could and should act differently but choose to maintain the gang mentality. I found in life if you treat people right they usually return the favor

[adama]

What i want to know is if you can't declare "wellness breaking and entering" off limits. It cuts the a reasonable person would want it to happen argument right out.
Kinda like do not resuscitate orders.

[ericolsen]

I work at a grocery store and constantly have to call police for a wellness checks for all the drunk, high hippies that are in danger of harming themselves and others. Cops are great in handling these situations with arrests or siting trespass and many times they all have warrants out for them.

[clhsound]

They came I told them I’m fine and they could leave
I turned to walk back into my shop and they shoved the door into my back cutting my back and knocked me to the ground and cut my arm.
Then they handcuffed me and took me to the hospital
The dr told me I had to give a blood and urine sample.
I told him he had no right to even detain me I was not under arrest I committed no crimes I got up and I walked the 16 1/2 miles back home on foot nice wellness check I was fine right up until the dip dingdong sheriffs department roughed me up and cut me and made me walk all day no it’s bull crap

[olafisashark]

Yeah this is where we need a lot more of social workers and wellness programs.

[Bone]

Wellness checks were used against me when the persons calling knew I was at work. 3 times. Obvious harassment. Nothing done
I had been collecting granite that was thrown away from shops. I’d make table tops, pavers, ect. Some very large pieces. I’m sure they thought they had to be stolen. They were in my backyard. I wish I knew now that harassment was just the beginning.

[EBR]

I'm no lawyer, and I invite any attorneys to comment on this thread and set me straight if I'm incorrect about this, but it is my understanding that a person has no legal obligation to answer another person's calls or to answer the door to them if one does not want to....for ANY reason. Lets say you decide you want to cut your family out of your life...whether we agree with that decision or not, that is your choice and you have no LEGAL obligation to answer family members' calls or attend to them if they knock on your door. Is this not a fact? We can argue that not answering the phone is selfish and therefore immoral, but we can't be getting the police or even social services involved just because a family member is behaving in an immoral fashion by not speaking to can we? So, being that a person has no legal obligation to answer their phone or to speak to anybody they do not wish to speak to, what then gives police the right to visit somebody's home just because they have chosen not to answer their phone...when making that choice is legally within their rights?

[FirearmsLegal]

Such a great topic guys! Keep up the great work Terry and John!

[timothyblackburn]

Totally understand the perspective from the police walking into an unknown situation. My perspective is that as a citizen of a free republic, if I desire to be left alone, I should have that right and nosy family and neighbors should mind their own business.

[Jim-udvs]

Second worst call to go on, domestic being probably the worst

[monicaperez]

Live in a 8 story senior tower for elderly and disabled. Wellness checks are most often called when a neighbor smells the "death smell, " to check in the hope the they are mistaken. Don't know why the management doesn't do this. My guess is that they (and maintenance) doesn't handle finding a deceased person too well.

[robertseymour]

What is the officer? Is at your home for a wellness? Check windows with flashlight does not knock on the door, but walks out back to your sliding glass door. Shines a flashlight in you eyes,
See your ok and you tell him to get the hell off your property according to law, he supposed to leave but he doesn’t. He has a swat team show up said you were a terroristic threat.

[ts]

Wellness checks are a slippery slope. One of the few issues for policing that might actually need reviewed.

[angelacaudill]

Please answer this: why have local Police come 5-6 X's and have no uniform, instead a jumpsuit... but, none have ID, badge, and our apartment manager and tenant is have played this game towards me.

[duanecates]

Wellness checks started as a need to save/help the elderly & infirm. In the days before LIFE ALERT (I've fallen & I can't get up) people would end up finding Gram Brunch or Paw Paw dead on the living room floor after a fall or a stroke. A family friend from the early 70's was traumatized at the age of 12 by finding her Grandmother dead on her back Porch. She's fallen about EIGHT DAYS EARLIER and broken her hip. She'd laid there for days, in agony all alone & the medical examiner said she'd finally died 3 days before my friend discovered her. She told me she'll never forget how her Garndma looked. Many of the people attacking police should be institutionalized as EVERY CIVILIZED COUNTY DOES except us because (PICK A REASON) Only in America do we allow mentally ill people with a HISTORY OF VIOLENCE to roam at will. We need to do better for these Officers & the public.

[goingup]

I feel so strongly about this. Police must be respected and do their job, but they are also very compassionate people and what would the world be without people helping out compassionately 6:28