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this post was submitted on 15 Nov 2023
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Asklemmy
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Interesting. Where I'm at any cop can hold you for a psych eval, but they have to have damning evidence that you will hurt yourself or others. I'm pretty sure no cop here, and by extension their department, or the doctor at the hospital, would be willing to risk a lawsuit because you refused to answer questions about a crime. The civil rights violation (because they're retaliating for you taking the 5th), would be a bonus on top of the unlawful detention.
The situation posited means OP is either crazy or stupid. Either they are a psychiatric patient who has knowledge of a crime, or they are some kind of jerk who is wasting the time of the police and hospital. Depending on how the "patient" presented themselves, I think that most judges and juries would side with holding them. Also, by claiming they have information, the cops would be within their rights to hold the 'patient' as a material witness.
"Interfering with government operations" is a crime in most places. I used to work in public health field, and I have absolutely no patience with people who use first responders of any type as playthings. If you feel the need to act out, hire a professional and leave the civil servants alone.