Q: Can the police deny a visit from clergy to a person that is in the hospital in custody? The person has not been charged

A: In Wisconsin, individuals generally have the right to receive visits from clergy while in the hospital, even if they are in custody. However, there may be situations where law enforcement or hospital staff restrict visitation for security or safety reasons. If the person in question has not been officially charged yet and is in the hospital due to injuries sustained during the arrest, there might be legal and ethical considerations at play.

If there are concerns about visitation restrictions, legal representation can help address the issue and advocate for the rights of the person in custody. Civil rights protections, including the right to religious freedom and visitation, should be upheld to the extent possible within the constraints of law enforcement and public safety considerations.

A: In situations where a person is in the hospital in custody but has not been officially charged, the police generally cannot deny a visit from clergy without a valid reason. The right to religious freedom and the opportunity to receive spiritual guidance are protected under the First Amendment of the U.S. Constitution.

However, there might be certain circumstances where restrictions on visits, including those from clergy, could be imposed for security or safety reasons. It's crucial to understand the specific reasons given by the police for denying the visit and whether they are justified.

If the denial appears to be arbitrary or unjustified, it may be necessary to consult with an attorney who can advocate for the individual's rights. They can help ensure that the person in custody receives the appropriate access to clergy and religious support, while also addressing any potential legal issues related to the arrest and hospitalization. It's essential to balance the individual's constitutional rights with the need for security and safety in such situations.