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Family members may contact police and request welfare checks on loved ones they suspect of abuse, raising issues of illegal search and seizure. State Supreme Court Justice Joseph Girardi recently rendered his decision on the case of Franklyn Moses who was arrested for driving under the influence based on such a welfare check.
Non-responsiveness
No matter whether it is an elderly relative who hasn’t collected their newspaper in days or someone who seems disoriented in a parked car, worried family and neighbors often contact 911 with concerns and request “welfare checks.” While such calls rarely involve allegations of criminality or even suspected violations, but instead represent concerns regarding someone being lost or possibly vulnerable.
Welfare check interactions fall under the Community Caretaking Doctrine and do not require officers to present a warrant before intervening, providing officers with legal justification for non-urgent police interventions that could potentially cause missteps and misunderstandings.
At James Yeargan, we understand these complications and are dedicated to fighting for racial justice in DUI cases. Get in touch with us now so that a criminal defense attorney can evaluate your case!
Mental Health Issues
Concerned family and friends may call 911 in response to seeing a neighbor slumped over in their parked car or an elderly relative who hasn’t responded to phone calls, as these situations often signal someone experiencing mental health crisis and not criminal activity.
Behavioral health calls represent a substantial proportion of 911 calls made each year to 911 centers; police officers typically respond as the default first responders for issues like homelessness, drug abuse and lack of basic services like shelter or food. Advocates are pushing for a new model in which EMTs and social workers instead of police officers could handle those calls instead.
People living with mental illnesses such as bipolar disorder or depression are at a greater risk of DUI and may turn to alcohol as a self-medication method. Addressing both their underlying mental health issue and alcohol dependency through counseling and therapy can break this cycle of abuse.
Drugs
While everyone recognizes that drinking and driving can be hazardous, many don’t understand that other drugs – even legally prescribed ones like painkillers or antidepressants – may affect an individual’s ability to drive safely. Any drug which affects judgment, alertness or concentration could contribute to a fatal car crash just as easily.
Police should adhere to legal requirements during welfare checks, which includes using minimal force or overstepping legal boundaries. You have the right to remain silent and resist searches without probable cause; if police violate any of your rights during such checks, contact the team of James Yeargan Lawyers for help and our experienced Atlanta police brutality lawyers are ready to fight on your behalf for justice.
Alcohol
As soon as a person is charged with DUI, they could face various penalties such as fines, jail time and community service. Penalties vary by state and can depend on various factors including their BAC level and any previous DUI convictions.
A judge will make decisions regarding your specific penalties and future. They will decide how much jail time, community service hours and alcohol rehab programs you must fulfill.
Police wellness checks should only take place upon legitimate requests to officers; unfortunately, in some instances police officers act too swiftly, leading them to show up unannounced at someone’s home, potentially causing harm or even death to themselves and to others in the neighborhood.
