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Saturday, August 29, 2015

Veteran's Unlawful-Search Suit Tossed in D.C.

Under the law is a requirement to report anyone who is a threat to themselves or others. That depends on how serious the observer thinks the situation is. Is there a need to act instantaneously? Most of the time, it is, because hindsight could end up coming too late to save a life. Veterans don't call the Suicide Hotline for fun. They call it out of desperation.

After tracking reports around the country, the fact is, when police officers are called, they usually end with officers having to explain why a call for help left a veteran in jail or dead.

In this case, the mental health worker did the right thing and so did the officers, for the most part, because the veteran is still alive and was taken to get the help he needed.
Veteran's Unlawful-Search Suit Tossed in D.C.
Courthouse News
By ROSE BOUBOUSHIAN
August 27, 2015

(CN) - A veteran has no claims against Washington, D.C., police for searching his home, taking a grenade and several guns, leaving the door open, and letting his fish die, a federal judge ruled.Matthew Corrigan, a former D.C. resident and an Army reservist, phoned the National Suicide Hotline - though he believed he was calling the military's emotional-support hotline - on the night of Feb. 2, 2010, because "he was depressed and had not slept for several days," according to court records.

In response to questioning, Corrigan told a hotline employee that he was a veteran and owned firearms, but did not indicate that he planned to harm anyone or kill himself, he claims. Corrigan turned off his phone, took prescribed sleeping pills and fell asleep, according to his lawsuit.

Unbeknownst to Corrigan, the employee called 911 and reported an attempted suicide. Metropolitan police officers were sent to Corrigan's apartment around 11 p.m., where they reported a strong odor of natural gas, so they had the service cut off.

The reservist says he awoke at about 4 a.m. on Feb. 3, hearing his name being called over a bullhorn, and saw about eight cops in the back yard and 20 in the front, lit up by floodlights.

When he came outside at about 4:50 a.m. and locked his apartment, he refused to give the key to an officer, who said he did not "have time to play this constitutional bullshit. We're going to break down your door. You're going to have to pay for a new door," according to Corrigan's deposition testimony.

Officers then entered and reportedly found a military smoke grenade and whistler device. Corrigan claims police took him to a Veterans Affairs hospital, where he admitted himself for three days because weapons being pointed at him triggered "PTSD hyper-vigilance."
"Under the community caretaking, exigent circumstances, and emergency aid doctrines, Lt. Glover's orders to the [Emergency Response Team] and [Explosive Ordnance Division] Unit to enter without a warrant and search the plaintiff's apartment for people, threats, and hazardous materials were objectively reasonable and, therefore, did not violate the plaintiff's Fourth Amendment rights," Howell wrote.
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