John M. Baker and Katherine M. Swenson Eighth Circuit Decides Fourth Amendment Issue of First Impression
Court holds that probable cause is required to justify seizing a person for emergency mental-health evaluation.
October 23, 2020 at 12:30 PM
6 minute read
As an issue of first impression, the Eighth Circuit recently held in Graham v. Barnette, 970 F.3d 1075 (8th Cir. 2020), that the Fourth Amendment requires the existence of probable cause that a person poses a danger to herself or others that calls for prompt action before the person can be lawfully seized for a mental-health evaluation.
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