# Protective Custody...



## Foxy85 (Mar 29, 2006)

THis question concerns Protective Curtody and alcohol. I've been told that an officer can only PC for alcohol, and nothing else. This didn't seem right to me, but I've had multiple officers tell me this now. Can anyone clarify?


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## MCADPD24 (Nov 7, 2008)

Chapter 111B: Section 8. Incapacitated persons; assistance to facility or protective custody 


Any person assisted by a police officer to a police station shall have the right, and be informed in writing of said right, to request and be administered a breathalyzer test. Any person who is administered a breathalyzer test shall be presumed intoxicated if evidence from said test indicates that the percentage of alcohol in his blood is ten one hundredths or more and shall be placed in protective custody at a police station or transferred to a facility. Any person who is administered a breathalyzer test, under this section, shall be presumed not to be intoxicated if evidence from said test indicates that the percentage of alcohol in his blood is five one hundredths or less and shall be released from custody forthwith. If any person who is administered a breathalyzer test, under this section, and evidence from said test indicates that the percentage of alcohol in his blood is more than five one hundredths and is less than ten one hundredths there shall be no presumption made based solely on the breathalyzer test. In such instance a reasonable test of coordination or speech coherency must be administered to determine if said person is intoxicated. Only when such test of coordination or speech coherency indicates said person is intoxicated shall he be placed in protective custody at a police station or transferred to a facility.


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## Johnny Law (Aug 8, 2008)

That's correct. Not drugs, not mental problems, only intoxicated due to liquor *and* a danger to themselves or others.

In 16 years, I've only brought two people home, and those people were accomplished alcoholics and stayed home. I love it when the hospital in my city calls for a PC evaluation, and the doctor says they are high on coke, PCP, whatever. Sorry Doc, you own 'em, we're not taking them!


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## 94c (Oct 21, 2005)

Chapter 94C: Section 36. *Protective custody of children* found present where controlled substances are unlawfully kept or possessed

Section 36. Notwithstanding the provisions of section thirty-five, if a police officer finds a child present where said officer finds a substance which he reasonably believes to be a controlled substance listed in Class A, B, or C of section thirty-one kept or possessed in violation of any provision of this chapter, and if the police officer reasonably believes that the child has not reached his seventeenth birthday and that the child knew of the presence of such controlled substance, the police officer may lawfully take such child into protective custody for a period *not to exceed four* *hours.* Persons having custody of a child under this section shall make reasonable efforts to notify the child's parent or guardian or other person having lawful custody. Such persons shall be considered to be acting in the conduct of their official duties and shall not be held criminally or civilly liable for such acts. A child detained pursuant to the provisions of this section shall not be considered to have been arrested or to have a criminal record for any purpose; however, only a departmental record of custody shall be made by the officer indicating the circumstances of custody. The procedures and processes provided by this section for the care, protection, and custody of children are not exclusive but are in addition to all others provided by law.


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## MCADPD24 (Nov 7, 2008)

With Children is 4 hours. And you cannot place them in a cell, someone has to babysit him/her. Which sucks, usually the officer who PC the kid has to do it. Which blows. Unless of course you charge him, then you can place them in a cell


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## Guest (Feb 24, 2009)

Another fallacy is that you can't PC someone from their home; if you can articulate why they would present a danger to themselves even in their own home, you can do it.


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## HELPMe (Dec 17, 2004)

Foxy85 I thought you were already on a municipal department? PC is for Alcohol only. Call the EMS for an eval if your party in question is having a reaction to drugs or unknown substances. Odds are if they are high on drugs, they have other circumstances that brought them to your attention anyway. 

Section 12 is a different story. Had to do that once..what a cluster.


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## SinePari (Aug 15, 2004)

Either way, don't bring them to the closest barracks . 

I know why you're asking this question. Don't get in the habit of doing what some of your ignorant coworkers like to do. Stop a car, there's no OUI because the officer is too lazy or too scared to make an arrest, then PC your problem child to the barracks. PM me for more specifics.


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## SinePari (Aug 15, 2004)

mikemac64 said:


> Would that be like a Trooper picking up someone from Maine on who was walking down an interstate (who smelled not so nice), then drops them at a 24 hours resturaunt and tells them tocall the local Police for more assistance?
> 
> Just a for instance.


Can't justify those actions, that's just plain derelict. Why would I want to work that trooper? Once you catch it, you clean it and fry it. So he can go f*ck himself, too.

Foxy works in an area with some guys who have a pervasive knack for not making arrests. My point is that if you're looking for OUIs, don't puss-out when you actually get one.


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## HELPMe (Dec 17, 2004)

You drop off your arrests at a barracks? I thought pretty much every PD had a cell? You dont hold your prisoner /(arrange bail) and then transport to the local court house in the morning?


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