LaGgY_42o
New member
On the night of 02/13/11 police responded to a call at my residence (no idea what the call was exactly) and detained me, then took me into the hospital for an "evaluation". It happened like this.
I was in the shower and while washing my hair a bottle falls off a shelf and I step on it causing me to slip and fall in my shower, at the time the window is open and I cry out in pain and anger with quite a few bad words in a loud manner, I guess someone calls the cops because of it. After the shower I then (not knowing police were dispatched or even thinking of the cops) I take my LMT AR-15 out to my car for transportation to another house, shortly after closing my car door I am standing in front of my residence checking some RSS feeds on my Droid X when I hear a bullhorn saying "this is the police, yada yada, get on the ground ect" with about 20+ cops, all in full tac gear, 1 with laser sight all pointed at me, (I am open carrying my Glock 21 .45 at this point) I fully comply and get on the ground and verbally convey to them that I am not hostile or resistant and will fully comply with their demands, I make this abundently clear to them by saying it in a loud, clear, unhostile voice, I also tell them I am open carrying.
While I have my hands on the back of my head, face down on the asphalt they run up and hit me on the back of the head causing me to have a bloody red scuff on my nose for an extended period of time after the inccident along with a headache to boot. After the initial contact was over they then began discussing what to do next, I am still in handcuffs, in the back of the car with my Glock taken, they have also taken my ar-15 that is in the box in my car without my permission and placed both guns in the trunk of the patrol car. We are there for a few hours, during that time I overhear the officers trying to get a TDO (Temporary Detention Order), for those of you that don't know its an order that HAS to be signed by a magistrate before it can be executed, it then allows the police to take the citizen into custody, the hospital to be evaluated by a shrink from the state to determine their mental state.
Now THIS is the part where I question the legality of the following actions. While still being detained (they said detained when I asked if I was free to go), in handcuffs with both my guns taken, BEFORE they even get a magistrate to sign the TDO they take me to the local hospital RMH, where I sat for 3 hours waiting for a shrink from the state to come and evaluate me. They try to get a urine sample from me in which I refuse, they then threaten me with a catheter in which I state my rights of this being illegally arrested and that I am no longer being detained but kidnapped, in which they drop the subject. The shrink comes in after around the 3 hour mark and talks to me, I explain the situation and she seems like she understands somewhat, after a brief talk she tells the officer (only 1 has me in custody, the rest left after I was taken from my residence and to the hospital) that there was nothing wrong and that I am to be released. I am then released and taken home, given my guns and go inside, the night is finally over.
A few months later I get a bill in the mail from RMH stating that I owe them $500 for using their emergency room on said date, I call their office and explain that it was a TDO, they say otherwise and state that the officer never brought in the paperwork for the TDO and that I used their facilities and not the police, I asked her how is that possible for a private citizen to use the secured guarded section of the hospital where you have to have a ID and security card to get into, she says she doesn't know and that I have to pay. Later on that day I am at the store when I run into one of the officers that responded to the call. I asked him if it was a TDO that night and he said no, he said that they waited for hours for the magistrate to sign off on it and he never did. He said that is how they always do it, they always take in their detainee's to the hospital while WAITING for a TDO to be signed. I tell him that it was illegal for him to take me out of my detainment area and that I was then being arrested instead of detained, he disagrees and says "that's how we have always done it".
So now I ask you, the community, what I should do to get this RMH bill off and what course of action should I take. I have yet to contact the local sherriffs office, I would like to talk to the public about my options first. I am aware there is a law about not being able to take a detained citizen out of his detainment area without arresting him, and doing so was against the law, am I correct on this? If so then I think that is my major argument there?
I was in the shower and while washing my hair a bottle falls off a shelf and I step on it causing me to slip and fall in my shower, at the time the window is open and I cry out in pain and anger with quite a few bad words in a loud manner, I guess someone calls the cops because of it. After the shower I then (not knowing police were dispatched or even thinking of the cops) I take my LMT AR-15 out to my car for transportation to another house, shortly after closing my car door I am standing in front of my residence checking some RSS feeds on my Droid X when I hear a bullhorn saying "this is the police, yada yada, get on the ground ect" with about 20+ cops, all in full tac gear, 1 with laser sight all pointed at me, (I am open carrying my Glock 21 .45 at this point) I fully comply and get on the ground and verbally convey to them that I am not hostile or resistant and will fully comply with their demands, I make this abundently clear to them by saying it in a loud, clear, unhostile voice, I also tell them I am open carrying.
While I have my hands on the back of my head, face down on the asphalt they run up and hit me on the back of the head causing me to have a bloody red scuff on my nose for an extended period of time after the inccident along with a headache to boot. After the initial contact was over they then began discussing what to do next, I am still in handcuffs, in the back of the car with my Glock taken, they have also taken my ar-15 that is in the box in my car without my permission and placed both guns in the trunk of the patrol car. We are there for a few hours, during that time I overhear the officers trying to get a TDO (Temporary Detention Order), for those of you that don't know its an order that HAS to be signed by a magistrate before it can be executed, it then allows the police to take the citizen into custody, the hospital to be evaluated by a shrink from the state to determine their mental state.
Now THIS is the part where I question the legality of the following actions. While still being detained (they said detained when I asked if I was free to go), in handcuffs with both my guns taken, BEFORE they even get a magistrate to sign the TDO they take me to the local hospital RMH, where I sat for 3 hours waiting for a shrink from the state to come and evaluate me. They try to get a urine sample from me in which I refuse, they then threaten me with a catheter in which I state my rights of this being illegally arrested and that I am no longer being detained but kidnapped, in which they drop the subject. The shrink comes in after around the 3 hour mark and talks to me, I explain the situation and she seems like she understands somewhat, after a brief talk she tells the officer (only 1 has me in custody, the rest left after I was taken from my residence and to the hospital) that there was nothing wrong and that I am to be released. I am then released and taken home, given my guns and go inside, the night is finally over.
A few months later I get a bill in the mail from RMH stating that I owe them $500 for using their emergency room on said date, I call their office and explain that it was a TDO, they say otherwise and state that the officer never brought in the paperwork for the TDO and that I used their facilities and not the police, I asked her how is that possible for a private citizen to use the secured guarded section of the hospital where you have to have a ID and security card to get into, she says she doesn't know and that I have to pay. Later on that day I am at the store when I run into one of the officers that responded to the call. I asked him if it was a TDO that night and he said no, he said that they waited for hours for the magistrate to sign off on it and he never did. He said that is how they always do it, they always take in their detainee's to the hospital while WAITING for a TDO to be signed. I tell him that it was illegal for him to take me out of my detainment area and that I was then being arrested instead of detained, he disagrees and says "that's how we have always done it".
So now I ask you, the community, what I should do to get this RMH bill off and what course of action should I take. I have yet to contact the local sherriffs office, I would like to talk to the public about my options first. I am aware there is a law about not being able to take a detained citizen out of his detainment area without arresting him, and doing so was against the law, am I correct on this? If so then I think that is my major argument there?
