According to Orlando Police Department directives, an individual should be taken into protective custody and subjected to “involuntary examination” – which may take up to 72 hours – when either of two conditions are met:
1. “Without care or treatment the person is likely to suffer from neglect or refuse care for him- or herself and such neglect or refusal poses a real and present threat of substantial harm to his her well-being, and it is not apparent that such harm may be avoided through the help of willing and responsible family members or friends, or the provision of other services,
or
2. “There is substantial likelihood that without care or treatment, the person will cause serious bodily harm to him- or herself or others in the near future as evidenced by recent behavior.”
The second criteria is pretty unmistakably in effect in this case. It should also be noted that there is no basis for a guardian of a minor to provide – or refuse – consent to their child’s involuntary examination under the Florida Mental Health Act, better known as the Baker Act. Under the Baker Act, only three people may require someone to undergo involuntary examination: a judge, mental health professional, and a law enforcement officer. Although people who meet Baker Act criteria are not under arrest, police officers may use reasonable force to detain them for purposes of delivering them to a receiving facility.
OPD policy explicitly states that “there is no expectation that the officer should be able to clinically diagnose mental illness or predict dangerousness.” Evidence of likely harm to self or others is defined solely by the person’s “recent behavior.†The law requires the law enforcement officer’s report to document the circumstances under which the person was taken into custody, not necessarily their own personal observations. As the Baker Act is a civil law, not a criminal one, probable cause is not required.
Officers are provided the following criteria to determine suitability for the Baker Act, typically looking for a combination of the following:
Behaviors: rapid speech, flight of thought, no eye contact, quick movements, disconnected speech patterns, constant movement, inability to concentrate, swift and frequent mood changes, disorganized thoughts, disoriented to time and place, acts of violence, cutting self, combative or aggressive behavior, inappropriate dress or nudity.
Hallucinations: sees people who aren’t there, hears voices telling them to hurt themselves or others, reports that television is suggesting harm to others, turning the head as if listening to an unseen person.
Self-Care Issues: insomnia or increased sleep, has not eaten for days, not taking prescribed medication, home is in disarray, neglects household, property, or personal hygiene to the point of putting self/others at risk.
Feelings: low self-esteem with feelings of hopelessness, flat affect, or not reacting with much feeling or interest.
Suicidal Risks: has weapons or access to weapons, speaks about previous attempts, makes direct comments about dying or hurting self, evidence of previous attempts such as scars on the wrists.
Elderly Issues: wandering at night, leaving things on stove unattended, not eating or sleeping or caring for personal needs, unrealistic fears, uncontrollable anxiety, confusion, quantity and age of unused food in the house.
Substance Abuse: abuse of prescribed medications, use of alcohol or illegal substances while taking medications.
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don't call the police if you don't want jr to go to lakeside
Baker Act is fine and all but the fact is ever since de-institutionalization the only long term care for the insane are for the criminally insane.
Seems like he might be bipolar.
Not saying this is verifiable fact, but, I had an ex who was sent to lakeside and she said they made her mental illness worse. The mother could have some validity to her statement about lakeside
Next time i see some dude walking around and not in their kids life im going to slap the soul out of him. All this is a man raised without a fathers guidance and discipline
I thought were very respectful in what could have been a very explosive situation. More often than not you see people in need of real help being sent to jail or harmed instead receiving the help they need.
I dont understand how these losers have 'baby mommas'. Maybe my standards in women are just too high, or these 'baby mommas' standards are way too low.
Domestic violence is real… dont resolve violence yourself
This poor kid I hope he can get help! His momma needs to hush tho fr she’s probably half his problem 🙄
Florida is one action packed peninsularrr
Mental health is so sad.
Hope this guy gets some help, he actually doesn’t seem like a bad dude.
"im-come tax money"
He seems like a good kid. Just needs a little help w/ expressing his anger. Lakeside’s probably just going to fill him with all types of medications. Then put him out.
When it comes to places to visit in Orlando, Lakeside is rather less desirable than Disney World.
Praying this brother gets the help he needs and away from the people stealing and causing him to get upset just for them same people to run to the police and play the victim, typical of trouble making clowns.
They should have taken the mom!
The cops voice is annoying
It’s really difficult when the mental facilities aren’t up to standard so the people don’t get proper treatment. Clearly “lakeside†wasn’t where he should be. I feel bad for people in his area if that place is their only option 🙁
How do you get the bodycam footage?
Shitty situation all around, wish the guy the best hope he comes out alright.
I think every police department need a mental health rapid team that skilled to handle calls like this..
Jeremy, recycle, photo and the guy that volunteer for the sheriff department will be there waiting.
These cops seems like they genuinely wanted him to get help.
Pay attention people..
The man was respectful and compliment with the officers, so the cops was cool and respectful with him ( even looked passed a drug charge)..
Lovely family..
The cops are the last resort…. If you want your son in a better place that you decide. Then try and do it yourself when you call the police and they make the call where to go then that's it. If you know he has a problem then you should have tried more to get him there. I had problems before joining the Military and if I hadn't joined the Military then I most likely wouldn't be here. My parents to this day struggle with me telling them that they messed me up. I don't hate them but just the things they did messed me up and it's hard knowing that they won't accept that they messed up at times.
He was actually acting better than most people arrested tho. Its sad to see someone delusional threatening to kill an innocent person. Bc he actually doesn't seem like a thug scumbag. Just seems troubled
It still amazes me how simple a arrest can go but so many want to do the exact opposite resisting arrest then cry on how “they†were treated. Or acting all surprised and innocent when the situation escalates. They escalated it not the police. Simple common sense is becoming just a memory in our society today.
I think this was KIND of bs, just because he said that doesn’t necessarily mean he would harm anyone. We’ve all been mad and said stupid things, he didn’t sound like he was actually going to harm someone he was just using the expression. This officer was just like “oh, he said the magic words were taking himâ€. He could have at least asked him some more questions and find out whether this guy was being serious or just using a figure of speech.