Police encounters can be intimidating for anyone. However, for those who suffer from mental illness, the risks can be much higher. If you or someone you love has a mental illness and worry about potential encounters with police, it’s important that you understand the legal and constitutional rights you have during these interactions.
People with mental illness have the same rights as everyone else
Regardless of whether someone has a mental illness, every person is entitled to the same protections during police interactions, such as the right to:
- Remain silent.
- Refuse search of personal property unless there is a warrant or probable cause.
- Have an attorney present during police questioning.
- Make local phone calls.
- Have privacy when calling an attorney from jail.
- Ask to leave if you are a passenger during a traffic stop.
If you believe the police violated any of these rights during your interaction, there are ways you can pursue justice and accountability for the harm they have caused you.
ADA can provide additional protections
While the ADA is traditionally known for protecting people with disabilities against discrimination, it also requires police officers to make reasonable accommodations for those suffering from mental illness. The accommodations and approaches officers must make for people with mental illness can depend on the situation, but a few examples include:
- Providing alternatives to an arrest, such as taking an individual to an outpatient treatment facility, a mental health clinic, or a hospital.
- Speaking calmly and using simple, jargon-free language.
- Forgoing the use of weapons when an individual is experiencing a mental health crisis and not causing others harm.
- Calmly and slowly announcing actions before initiating them.
Law enforcement agencies in Illinois and throughout the United States are getting better at responding to crises surrounding mental illness. They are implementing many of these accommodations as part of their de-escalation practices. However, their efforts are still a work in progress and not all officers know how to handle these situations appropriately. If they don’t, it’s essential to understand the protections you or your loved one with mental illness has when engaging in these interactions.
What to do if law enforcement violates your rights
Even with recognition and improvements, there are still instances where police violate the rights of individuals who have a mental illness. This can and still does happen in Chicago. For example, police shot and killed a man in Little Village as he was suffering from a mental health crisis, according to a report from ABC 7. If you believe you or your loved one’s rights were violated during a police interaction, make sure you:
- Thoroughly document the incident
- Gather statements from witnesses
- Take pictures of the scene
- File a complaint with the department
- Consult with a seasoned civil rights lawyer
You deserve to be treated with dignity and respect when interacting with police, especially if you are suffering from a mental health crisis.
Victims of police misconduct deserve justice
Whether you or a loved one has a mental illness, you should never have to deal with inappropriate or harmful police conduct when engaging with them. You have rights and protections under state and federal law. If you have any questions about your encounters with authorities, you can get the answers and guidance you need.
