Krysta Sutterfield, who has made news because of her practice of openly carrying a handgun at a local church and outside a coffee shop, drew police attention in 2011 after her psychiatrist reported a suicidal remark Sutterfield made during a difficult appointment.
Milwaukee police forced their way into a gun rights advocate’s home without a warrant and literally kidnapped her for an “emergency mental evaluation“.
Seizing her firearms were apparently justified under the circumstances and therefore protected from her violation of civil rights claims.
Sutterfield says police violated her rights with unreasonable search and seizure and her Second Amendment right to keep a gun.
Sutterfield ended up suing, only to have U.S. District Judge J.P. Stadtmueller dismiss the case. Sutterfield since appealed.
“How were the officers to know that Sutterfield was competent to assess the state of her own mental health or that, regardless of what she herself said, there was no longer any risk that she might harm herself?” the court wrote.
When police are acting under the “emergency aid doctrine“, a search warrant may not be relevant because there is no suspicion of criminal activity.
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