36-525. Apprehension and transportation by peace and police officers; immunity
A. If the procedures set forth in section 36-524 are not available, a peace officer may take into custody any individual the peace officer has probable cause to believe is, as a result of mental disorder, a danger to self or others, and if during the time necessary to complete the prepetition screening procedures set forth in sections 36-520 and 36-521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or to inflict serious physical harm on another person. The peace officer shall transport the person to a screening agency unless the person's condition or the agency's location or hours makes such transportation impractical, in which event the person shall be transported to an evaluation agency. A peace officer is not held civilly liable for any acts committed by a person whom the peace officer has not taken into custody pursuant to this section.
B. A police officer who is an employee of the United States department of veterans affairs may take into custody and transport to a screening agency or an evaluation agency, as applicable, a person who is a veteran of the United States armed forces, consistent with subsection A of this section.
C. If apprehension takes place on or about the premises of the apprehended person, the peace officer or the police officer who is an employee of the United States department of veterans affairs shall take reasonable precautions to safeguard the premises and the property on the premises, unless the property and premises are in the possession of a responsible relative or guardian.
D. A peace officer or a police officer who is an employee of the United States department of veterans affairs who makes a good faith effort to follow the requirements of this section is not subject to civil liability.
Notes of Decisions
Tenorio-Serrano v. Driscoll, 324 F. Supp. 3d 1053 (D. Ariz. 2018).
“§ 13-3883(1), (2), (4) (warrantless criminal arrests); § 36-525(B) (psychiatric commitment); § 8-303(C) (juvenile delinquents and runaways); § 36-2026(A) (emergency intoxication *1063 commitment) ).”
State v. Yoshida, 986 P.2d 216 (Ariz. Ct. App. 1998).
“Arizona Revised Statutes Annotated section 36-525(B) (1993) authorizes a police officer to take into custody a person who is believed to be a danger to self or others by reason of a mental disorder until mental health screening procedures can be started.”
Contreras v. Nogales, City of (D. Ariz. 2020).
· cites it 4× “A.R.S § 36-525. Police officers may also detain 15 individuals under their community caretaker function to ensure the safety of the public or 16 the individual.”
Leibel v. Buckeye, City of (D. Ariz. 2021).
· cites it 4× “24 pursuant to Arizona’s “community caretaker” statute, A.R.S. § 36-525. (Doc. 155 at 10- 25 17, emphasis omitted.”
Smith v. Chino Valley, Town of (D. Ariz. 2023).
· cites it 3× “” Ariz. Rev. Stat. § 36-525 (A). 10 Smith argues that he did not pose an immediate threat to himself or others when 11 Defendant Officers took him down because he did not attack anyone or threaten to do so, 12 was being “calm and cooperative,” and did not have access to a weapon…”
Ariz. Rev. Stat. § 36-525(B): 2 cases
Tenorio-Serrano v. Driscoll, 324 F. Supp. 3d 1053 (D. Ariz. 2018).
“§ 13-3883(1), (2), (4) (warrantless criminal arrests); § 36-525(B) (psychiatric commitment); § 8-303(C) (juvenile delinquents and runaways); § 36-2026(A) (emergency intoxication *1063 commitment) ).”
State v. Yoshida, 986 P.2d 216 (Ariz. Ct. App. 1998).
“Arizona Revised Statutes Annotated section 36-525(B) (1993) authorizes a police officer to take into custody a person who is believed to be a danger to self or others by reason of a mental disorder until mental health screening procedures can be started.”
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