Q: Can a police officer detain someone under Chapter 51 (mental illness) without reading them their rights?
A: Why is this under the criminal law forum. People frequently ask this question and the answer is usually yes in a criminal case context. You did not give the facts, just a question, probably about something that has already happened. The after the fact questions must be accompanied by sufficient facts for an attorney to form an opinion. Questions like this, as well as questions like "what are my rights?" are very difficult to even guess at an answer. One thing that comes to mind, after practicing law in Florida for 30 years, is that the cops rarely read the rights to someone, that is usually the exception to the rule, but in the police report it is stated that the rights have been read. When you have a legal question, it is always best to go see a qualified attorney for a full discussion.
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