Legal Opinion

City of San Diego v. KEVIN B.

California Court of Appeal

Decided May 19, 2004No. D041918PublishedCited by 6 opinions

1Opinion of the Court

Opinion

BENKE, Acting P. J.

Welfare and Institutions Code section 5150 1 permits peace officers and specified mental health professionals to take a person into custody if the peace officer or mental health professional has probable cause to believe the person is a danger to himself or others. Custody under section 5150 must be in a designated mental health facility and may not exceed 72 hours. The person who is in custody must be assessed by the facility prior to admission and, if admitted, evaluated under the direction of a mental health professional. (§§ 5151, 5152.)

A peace officer who takes…

2Cases cited3 opinions

  1. Rupf v. YanCalifornia Court of Appeal · 2000
  2. Nasir v. Sacramento County Office of District AttorneyCalifornia Court of Appeal · 1992
  3. Bryte v. City of La MesaCalifornia Court of Appeal · 1989

3Cited by6 opinions

  1. Folsom Police Dept. v. M.C.California Court of Appeal · 2021
  2. In re Nickolas T. CA4/1California Court of Appeal · 2014
  3. In re S.C. CA4/1California Court of Appeal · 2015
  4. Robert E. Redington v. State of IndianaIndiana Court of Appeals · 2013
  5. Robert E. Redington v. State of IndianaIndiana Court of Appeals · 2013

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