No. 95-1731
Plaintiff, Appellee,
v.
Defendants, Appellees,
________
Defendant, Appellant.
____________________
____________________
Circuit Judges.
______________
____________________
_________________
________________
_________
____________________
ting
forcible,
warrantless
entries
of private
residences
trix of the
estate of
Ruchla Zinger, a
an involuntary
against
her.
McCabe, administra-
Holocaust survivor
commitment order
the reasons
the Fourth
execute
For
to
who
police to
which had
been issued
in this
opinion, we
discussed
BACKGROUND
BACKGROUND
__________
as well as severe
attempts
She
at communication
refused to
former husband
neighbors
be examined
by a
with physical
by family
doctor after
members.
threatening her
her downstairs
censed
and intervention
resisted all
psychiatrist,
Subsequently,
Dr.
on September 6,
Jakov Barden,
signed
1989, a
li-
an application
____________________
[hereinafter:
of Ms.
12(a),
and neighbors
The next
Jackson, who
had
with
an
eviction
the
pink
against her at
paper had
scheduled to execute
been issued
against
Ms. Zinger
informed
the
Lynn police,
based
on
a judgment of
The
his experience
ble
apartment
the night
constable
with
Ms.
The consta-
to execute the
by
engaged to
restrain Ms.
Zinger as necessary,
physically remove
After
apartment.
The officers
door.
Ms. Zinger
their presence,
Zinger apartment
began screaming
it open.
"Why are
you kicking
Identifying themselves
in my
as police,
the
going to bring
her under
she responded:
"No
When
began
Later, while
the officers
apartment, Ms.
doctors!"
were forcibly
Zinger suffered a
she
the
cardio-respiratory arrest
and
died.2
After
rights
others,3
in
September 1992,
1983 against
an
amended
complaint alleged
an
____________________
2The only
City
summary
claim
judgment, McCabe
did
not press
force"
utilized
to restrain
Ms. Zinger.
See
___
infra note
_____
4.
We now
summarize
the
allegations against
the
individual officers
in
and
on her
down the
She
stairs, asserting
that she
was too
her back.
heavy.
The
in a sitting position.
down.
By
this time she had stopped screaming and the officers noticed that
her hands appeared blue and she was bleeding from her mouth.
Ms.
1291.
executed
the pink
paper
(in their
official
and
under
1983,
Barden worked.
McCabe alleged
Health and
In addition
common-law
to her
assault
and
the hospital.
In February
1995, after a
established
pink
City policy
papers
by
means
permitting police
of forcible,
officers to
warrantless
execute
entries
into
that this
tion
of
Ms. Zinger's
Fourth Amendment
an actionable depriva-
right
to be
free from
unreasonable
searches.4
After
hearing,
63 (D. Mass.
1995).
district
court
Supp. 53,
the
In
875 F.
the jury
Life-Line Ambulance.
II
II
DISCUSSION
DISCUSSION
__________
A.
A.
the
policy expert attested that the City did not require its officers
to obtain a search
entry
discretion
of the officers
such a warrantless
____________________
and
4By
policy
contrast,
the initial
complaint
had
alleged a
City
a failure to
commitment
entry
was necessary.
warrantless,
Id. at 58.
__
nonconsensual entries
presumptively "unreasonable"
exigent circumstances.
into private
Id. at 58-59.
___
residences are
Amendment, absent
public, often
immediate
police
give rise
warrantless
acted with
to exigent circumstances
entry, the
leisure in
_______
court
arranging
found
justifying an
that "the
a convenient
Lynn
time" to
serve the pink paper upon Ms. Zinger, thereby belying any conten-
occur] if
[the officers]
postponed action
to get
a warrant.'"
The
absent exigent
applicable
search
district
court nonetheless
recognized
in certain
regulatory
procedures serve
contexts wherein
as invaluable
that even
may not be
warrantless
"administrative tool[s]"
evidence
of crime.
factors which
Id.
___
at 59-60.
policy
came within
this
unlike
officer,
judicial
physicians authorized to
Ann.
ch. 123,
The court
12(a),
special regulatory
the
licensed
identified two
category.
First,
medical-psychiatric
to determine whether
doctors
not
hospital
Id. at 61.
___
Second,
orderlies and
nurses,"
so
that
"[t]here is
no
therapeutic
rupt."
Id.
___
relationship which
a warrant
mechanism would
dis-
B.
B.
Standard of Review
Standard of Review
__________________
We
review
a grant
of
summary judgment
de
__
novo, to
____
inter-
if any,
fact
matter of
law."
no genuine issue as
moving party is
Fed. R.
entitled to a
8 F.3d
873, 874-75
to any material
judgment as a
Velez-Gomez v. SMA
___________
___
All
in the
light
judgment.
C.
C.
most
Id.
___
Applicable Law
Applicable Law
______________
favorable
to the
party
resisting
summary
or was the
rights.
of constitutional
v. Tuttle, 471
______
(1985);
(1978);
Bordanaro v.
_________
McLeod, 871
______
F.2d 1151,
1156 (1st
Cir.),
The Fourth
searches
and seizures
in criminal
investigations, but
709, 715
also in
U.S.
to governmental
(1987) ("[B]ecause
506
v. Ortega, 480
______
the individual's
interest in
privacy and
motivation
breaches
would
is
to investigate
of other statutory or
be `anomalous to say
property
violations
of
the government's
criminal laws
regulatory standards,' .
by the Fourth
or
. . it
Jersey v.
______
civil
proceedings
in which
the
Fourth
Amendment applies
are
(7th Cir.
1992).
whether a
in the circumstances.
40 (1973);
entries
procedure is "reasonable"
Nonconsensual
Amendment is
by
387
government
U.S.
agents
523,
538
into a
Camara v.
______
(1967).
residence
without a search or
able"
See Welsh
___ _____
v. Wisconsin, 466
_________
(1980);
v. Somerset County,
________________
Hegarty
_______
53 F.3d
1367,
573, 586
1373 (1st
____________________
5"[A]
[felony]
implicitly
dwelling
believe
arrest warrant
carries with
in
which the
the suspect is
it
founded
the limited
suspect lives
within."
authority
when
Payton
______
on probable
there is
cause
to enter
reason to
573, 603 (1980). But see Steagald v. United States, 451 U.S. 204,
___ ___ ________
_____________
This presumption
is
ally
tral" and
ment
effect
gald
____
home by requiring
that a "neu-
an independent assess-
requirement is not
The warrant
presumption may
First, a
warrantless entry
and search of
a residence
can
demonstrate certain
stances":
(1)
imminent
"hot pursuit"
destruction of
threatened and
inside the
exceptional
types of
of a felon
evidence
residence; or (4) an
into a residence;
within the
potentially successful
"exigent circum-
(2)
residence; (3)
escape by a
suspect from
life or
located
F.3d
965, ___
757848,
Normally,
nature
at
*3
(1st Cir.
(Dec. 29,
1995) [Nos.
1995)];
"exigent circumstances"
94-1714 &
Hegarty,
_______
exceptions
53
v. Tibolt, 72
______
2221, 1995
F.3d at
by
WL
1374.
their very
government agents
in
the scene
light of
search.
the developing
circumstances at
of the
warrantless search
procedure may
_________
be reasonable if
conducted in
or
undermined systemically by an
____________
forcement,
make
impracticable.'")
needs, beyond
the
probationers'
O'Connor,
________
for law
probable-cause
en-
requirement
prerogative to conduct
warrantless searches
homes for
480 U.S.
warrantless searches
related
and
probation officers'
of
warrant
Griffin v.
_______
at
evidence of
709 (noting
of employees'
probation infraction);
that government
work space to
employer's
recover work-
searches of
students' personal
dona,
____
property by public
officers'
United States v.
_____________
warrantless searches
school offi-
of parolees'
Car____
Griffin to parole
_______
residences), cert.
_____
denied, 498 U.S. 1049 (1991); cf. Wyman, 400 U.S. at 309 (holding
______
___ _____
that social
worker's warrantless
visitation
to welfare
recip-
The reasonable-
govern-
best
served by a Fourth
probable cause."
stops short of
______
10
D.
D.
Alleged "Deprivation"
Alleged "Deprivation"
_____________________
the
undisputed
evidence
demonstrates
that
the
warrantless,
tuted
deprivation
Oddly, none
of the
of
decedent's
cases
the City
constitutionality of comparable
deals
straightforwardly
with
Fourth
cites
Amendment
as support
involuntary commitment
the
precise
issue
rights.
for
the
statutes
before
us:
it routinely
allows warrantless
entries of a
residence, absent
"exigent circumstances," to
whether
a case.
the
nor
Amendments,6 or whether
the manner in
ment
prohibition against
unreasonable seizures.7
Nonetheless,
____________________
followed a
forcible warrantless
entry of
the
Glass, 984
_____
F.2d at
that the
committing physicians
were
entitled
because they
to
58 (holding
qualified
immunity
reasonably believed
and "dangerous");
ordering
for
home); see
___
also
____
"seizure"
mentally ill
11
to the
on
be considered appropriate
analogs in this
whether
there remains
a genuine
essential
features clear
enough;
that is,
the policy
permits
residential
searches,
without
requiring
"exigent
pursuant to a
in order
to
City "policy,"
effect
we
regarding the
of
circumstances,"
challenged
factual dispute
to
substance
warrantless
the
consider
an involuntary
Of course,
its
commitment
the City
can
entry is per se
___ __
presently
poses a
"likelihood of
to believe that an
paper
serious harm"
to
herself or
cause
purpose of
____________________
of
involuntary commitment,
independent
judicial
or
seizure of
determination
of
the person,
probable
without
cause,
where
the
McCabe
the
absence
any authority
involuntary
commitment should
of
foundation is
be
treated differently
See
___
dence").
hold
an
than the
lacking.
tion[s]
for
Cardona,
_______
903 F.2d
at
64
jurisprudence and
cases cited by
`seizure' jurispru-
comport with
the strictures
of the
Fourth Amendment,
see Vil-
___ ____
lanova, 972 F.2d at
______
issued by
commitment order]."),
practical
795 ("There is
no requirement of a
seize the person
thus constituting
warrant
subject to a
a valid pink
paper the
a separate
search warrant
53
be
12
"seri-
On the
other hand,
these remote
do
not turn
on the
executing officer's
scene assessment as to
subject
during
pink
may pose
fact-specific, on-the-
to herself
or others.
stresses that
paper was executed upon Ms. Zinger, the officers would have
that
McCabe
threat the
none of
supra p. 10,
_____
police entry.
the four
recognized "exigent
circumstances," see
___
legal gloss
placed on
dispute
the record
and "exigent
actual
within
than
a genuine
factual
the
evidence, rather
over the
circumstances."
conduct
a recognized
of
distinctions between
The
its police
class of
"emergencies"
City policy, as
officers,8
evidenced by
falls
systemic "special
________
squarely
need" searches
____________________
not
therefore
merely
undertaken pursuant
not liable
argues that
actual police
policy,
officers' actions
and that
U.S. at 694.
conduct
it is
The City
in effecting
to the nature
policy.
itself is
13
administrative
Again, the
purposes.
fundamental
concern
of
search cases as
is "reasonable"
in
particular
case.
light of
the
actual circumstances
in
the
in turn, depends on
the importance
see T.L.O.,
___ ______
lanova,
______
972 F.2d
at 796.
in possession of a
Mass. Gen.
On
balance, we
find that
the City
entries by police
offi-
issued pursuant to
12(a), is reasonable
Fourth Amendment.
1.
1.
alleged to justify
cers
of the
the intrusion.'"
"Reasonableness,"
under the
(a)
(a)
The
legitimacy
"police power"
of
the
interests in
State's
parens
______
patriae
_______
and
mentally
See
___
Rogers v. Okin, 634 F.2d 650, 654 (1st Cir. 1980), rev'd on other
______
____
_____ __ _____
grounds,
_______
457
U.S. 291
(1982);
delayed commitment
Thompson
________
v. Commonwealth,
____________
438
both
to the
14
mentally ill
subject and
others
bodily
the
injury.
present
Thus, we
analysis that
think it is
or
especially significant to
warrantless "special
need" searches
interests
were
far
less
compelling and
their misconduct
or
urgent.
Cf., e.g.,
___ ____
incompetence to
be severe");
both
the agency
New York v.
________
and
Burger, 482
______
of
the
U.S.
702, 708-09
(1987) (noting:
where "the
government interests in
heightened, a
able[,]" and
regulating
that
the
"the
State has
vehicle-dismantling
try");
privacy
substantial
and
interest
in
automobile-junkyard
State
this indus-
must be
set the
substantial interest
of teachers
and
school grounds.").
We therefore
procedures
are
appropriately
tailored to
residential search
the
legitimate
and
identification
See
___
id. at
___
15
341 (noting two-part inquiry whether the search procedure was (i)
"'justified at
"'reasonably related in
scope to
the first
the circumstances
place'") (citations
order
ch. 123,
issued by
omitted).9
We think that
12(a), in general,
Dr. Barden,
interference in
Mass.
in particular,
were appropriately
temporary hospitalization,
signed
by Dr. Barden, expressly referenced Mass. Gen. Laws Ann. ch. 123,
ment procedures:
(1)
a qualified
physician, psychologist, or
psychiatric
nurse
who
has
personally
create a
to
restrain
that person
to
a ten-
(2)
may sign a
"facts
psychiatric
person refuses
a medical examination,
and circumstances"
if
suggest
a "likeli-
(3)
in
an
officer
"emergency situation,"
may
restrain a
person
a police
he be-
of serious
qualified physician,
psy-
____________________
9Thus, a
"mental illness"
determination alone is
See O'Connor
___ ________
v. Donaldson, 422
_________
(1975).
16
insuffi-
commitment is
U.S. 563,
575-76
chologist,
or
psychiatric nurse
is a-
(4)
a com-
hearing, the
court may issue a warrant for the apprehension and appearance of the person who
creates a "likelihood of serious harm."
Mass. Gen.
123,
12(a); see
___
text; see generally Rockwell v. Cape Cod Hosp., 26 F.3d 254, 258___ _________ ________
______________
60 (1st
Cir. 1994)
(tracing history of
Massachusetts emergency
involuntary
commitment
enactment of chapter
procedure
123).
from colonial
As only the
times
category 4
through
commitment
it
clear
that
the
statute
implicitly
authorizes warrantless
Zinger
repeatedly
examination by
rejected
a physician,
family
pleas that
and because
expert
medical-psychiatric opinion
family
members and
neighbors, we
Dr.
us,
therefore,
concerns
she
exclusively on
conclude
the
Since Ms.
submit
Barden based
to
his
reports from
also that
before
we think
the pink
constitutionality
of the
"require[d] hospitalization so
as to avoid
the
likelihood of serious
Barden
described
harm by
the
reason of mental
particular
grounds for
illness."
Dr.
concluding
that
[Patient]
and she was
has a [history]
of mental illness
hospitalized at Danvers
[State]
17
Hospital couple
of years ago.
[Patient] is
She
ex-husband.
[Patient]
is dangerous to
oth-
ers.
The
involuntary
statute,
commitment application,
define "likelihood
(1) a
the
of serious
and
the Massachusetts
harm"
the governing
as:
substantial risk
person [her]self
of physical harm
as manifested
to
by evi-
bodily harm;
of physical
(2) a
harm to
substantial
other persons
as
or other
them;
or (3) a
physical impairment
or injury
[her]self as
fested
ment is
to the person
by evidence that
protect [her]self
mani-
is unable to
in the community
and that
protection is
ch. 123,
1; see Rogers,
___ ______
The relevant
Zinger's history of
members,
plainly satisfied
the second
clause in
the statutory
The
statutory
harm,"
particularly
medical
indicia of
codified set
under
its
definition
requirement
of
"likelihood
that
there
"dangerousness," effectively
of serious
be objective
"constitutes a
18
ous difficulties
solely on
in predicting
symptomatology, id.
___
reasonably
reliable
individual human
at 1539,
1, prescribes
we conclude
are
that Mass.
administrative standard
involuntary commitments
behavior based
limited to
for
ensuring that
imminently
"dangerous"
Massachusetts
statute
implicitly
circumscribe
the
category 2
search
procedure within
permitted to enter a
sive purpose
ill person
engage
narrow
of detaining a recalcitrant
pursuant to
a duly issued
exceed these
of
appropriately
police officer
in a generalized search.
pursuance
bounds.
As
tailored
pink paper,
but may
not
bounds, we conclude
design, see
___
to serve
the exclu-
that Mass.
the statutory
is
the
City policy in
supra pps.
_____
legitimate
Gen.
12-14, are
and important
(b)
(b)
The determination
that there
exists a legitimate
and
substantial
governmental
search
in certain
inquiry
under the
search
interest in
circumstances
conducting
satisfies
reasonableness test.
procedure to survive
a warrantless
only the
For
threshold
an administrative
constitutional challenge
under the
19
complying
with a
likely to
defeat the
search procedure
In
assessing
demands
the
whether
creation of
the
public
a general
Fourth Amendment's
interest
exception to
warrant requirement,
the question is not whether the public interest justifies the type of search in question,
but whether the authority to search should be
evidenced by a warrant, which in turn depends
in part upon whether the burden
a warrant is likely
of obtaining
examination
would entail
privacy protections
critical
for medical-psychiatric
delays
in safeguarding
to the subject.
Category
the
commensurate
2 searches foster
important governmental
interests
largely because
the
ousness" on the
see
___
spent
part of the
securing judicial
of "danger-
inherent
person,
approval of
a pink paper
represents a
In this
the undisputed
particular case,
of course, McCabe
points to
concern that Ms. Zinger might exhibit the sort of sudden onset of
Dr. Barden.
20
of
the warrantless
entry dependent on
"exigent circumstances"
an ad
__
hoc, on-the-scene
___
search
case but
on
the essential
police, it is
"special need"
systemic
attributes of
the
procedure itself:
The
dissent
argues
that in
this
case the
search
police had
warrant,
ample
time to
rendering
complying
secure an
invalid
with traditional
any claim
distorts Griffin's
_______
prong.
the
In
That
"impracticability"
systemic impracticability
________ ________________
ticability
of
warrants.
obtaining
into
of compelling
tion;
view-
that
fourth amendment
arrest
a proba-
The imprac-
a warrant
in
the
sort of particu-
for the
this
police to
particular case
obtain a
warrant in
is irrelevant
for the
purpose at hand.
Cardona,
_______
ted).10
903 F.2d
at
Although
the
68 n.7
Fourth
(emphasis added;
Amendment
citations omit-
warrant
requirement
____________________
10There
is
no record
evidence
that
the challenged
City
In all
between the
issuance and
question
related
the
emergent
nature of
dangerousness.
Whereas
a particular
validity of
we
the several
execution of
Zinger's
delay
might
this
to coordinate
so inordinate as
Ms.
speci-
to call into
mental-healthbelie
"exigent
"special need"
case as
be imposed
a precondition
itself.
to the
Nonetheless,
real "likeli-
21
to under-
imposes a
minimal burden
on governmental authorities
delay
the execution
of
in normal
involuntary commitment
it would
orders to
some
____
risk
protective purposes
parens patriae
______ _______
and
"police
power"
served by
responsibilities
the State's
would
in advance.
be
See
___
More
burdens
importantly
imposed on
the City
by
far,
however,
and State
by a
the
additional
universal warrant
sonable"
when
protection
afforded
screened by a
court
viewed
in
relation to
the
by a
requirement
that
magistrate before
ruled that
the Fourth
Amendment warrant
additional
pink
it is executed.
dure under
minimal
paper
The
be
district
requirement was
12(a),
because the
cause exists."
requirement
has noted
reaches its
most suspect
to a
extreme where
warrant
a judicial
basic
e.g.,
____
Griffin, 483
_______
U.S. at
879 n.
(observing
See,
___
that "[o]ur
discussion
proposition
pertains
that
to
the
the search
reasons
generally supporting
decision
should
be
left to
the
the
22
expertise of
probation authorities
rather than
a magistrate");
for responsi-
impractical recourse
to traditional forms
`The
of
judicial model
fact finding
nal
decisionmaking into an
of judicial
for all
process.
constitutionally
A pink
principally on the
ses
and prognoses
judicial
founded on
the available
evidence), whereas
"[T]he
As
criminal
prosecution.
In the
latter cases
is a straightforward factual
the
There
accused
may
commit
be factual
the
act
issues
to
a commitment proceeding,
but the
the beginning
of the inquiry.
Whether
or others and is
interpreted
the individual
is
by expert
psychiatrists and
psychologists."
(quoting
Cir. 1983)
23
to give the
concept
of probable
cause,
rooted as
it
is in
the
criminal
is to
reasons."); Wyman,
_____
U.S.
retrieve a file
ment is out
for work-related
400
of place"
since, as a
practical matter,
"probable
To
preliminary
screening
be sure,
judicial
insulation against
out
patently
oversight
might
obvious abuse;
unreliable information
provide
some
for example,
utilized
by
by
matter
of
particular concern
in
category
2 cases
where
the
____________________
11It
is
largely
irrelevant
whether
the
"likelihood
of
12(a),
approximates
in the
the
"probable
cause" inquiry
The "probable
appropriate
of governmental
lic interest
served by a
mendment
stops
is best
standard
of
short of probable
reasonableness
cause, we
cause
Instead,
an
in its
able legislative
that
have not
We have
the appropriate
searches is
not
traditional meaning.
administrative
obtained if there is
Fourth A-
warrant can
a showing that
be
reason-
or administrative standards
is
O'Connor,
________
480
U.S.
at
see
___
valid search.
also
____
an irre-
The fundamental
command
able,
requirement
...
omitted);
ducible requirement of a
of
722-23 (citations
concept of probable
in certain
limited
circumstances neither
is
required.'")
(citations omitted).
24
hand reports as
on second-
ioral
symptoms.
itself affords
On
the other
hand,
reasonable safeguards
pink paper
can
physician,
extensive
education
should enable
such lay
with
be authorized
and
the psychiatric
requisite
safeguard is by
exceptional
case in
which
by a
licensed
ch. 123,
experience
psychiatric
1, 12(a), whose
and
training
to parse
those provided by
professional
no means
mechanism
specialized
reports, especially
the
only
the statutory
skepticism.12
foolproof, we
an expert
think it
evaluation
family members,
Though
this
would be
the
was based
on
Further, to the
be necessary as
to ferret out
latent unreliability in
______
or antipathy
evaluations
toward the
are
based,
the
resulting
expert psychiatric
delays in
implementing
____________________
entries of a
F.2d at 66 ("While
occur
until the
search
protection is viable
subject's residence.
or seizure
only to
occurs, the
See Cardona,
___ _______
constitutional
it restricts
the
Nonetheless, the
more than
ten days,
the State
must petition
ill person
the district
court, and prove beyond reasonable doubt that the patient poses a
"likelihood of serious harm."
12(d); Commonwealth
____________
25
N.E.2d 1286,
quences
public.
greatly
Finally, such
detailed
factfinding mission
function normally
would
undertaken by
We discern no
ing
such a
judicial factfinding
mechanism upon
the evaluation
made
by the
licensed psychiatric
physician in
the involuntary
pink
at 876
system, setting up
a magistrate rather
than
probationer requires.").
2.
2.
Next,
we consider the
of
the mentally
ill.
See
___
extent to which
the category 2
T.L.O., 469
______
U.S. at
________
psychiatric treatment
is a
`massive curtailment of
(quoting Humphrey v.
________
omitted).
out again,
We point
challenges only
however, that
liberty.'")
(citation
McCabe presently
to
her residence,
see
___
supra note
_____
26
2,
and does
not
allege an
sonable
any unrea-
of her person.
(a)
(a)
Civil Context
Civil Context
_____________
Although
variety of
Fourth
Amendment
Supreme Court
search
the
is
implicated
113 S. Ct.
at
in
548, the
procedures may
call for
narrowed application
cause requirements.
Where
of the
a search proce-
gation,
relaxing
its relative
unintrusiveness may
militate in
favor of
___ ________
("While
police,
and
even
[some]
evidence for
employers
their
use in
administrative
enforcement
criminal or other
enforcement proceedings,
employees
unrelated to
for
legitimate
illegal conduct.");
work-related
Wyman, 400
_____
reasons
U.S. at
wholly
323 (home
the actual
a sleuth
see
___
between
civil and
flected in
criminal confinement
may nonetheless
be re-
applicable in the
is
In the instant
27
Zinger residence
of the
purpose, or
temporary hospi-
(b)
(b)
Impartiality of Decisionmaker
Impartiality of Decisionmaker
_____________________________
Finally, it is most
that the
2" commitment
with
rests with
an involuntary "category
a licensed psychiatric
"neutral"
and
detached
judicial
"probable
cause" determination).
officer
impartial person.
U.S. at 212
requirement interposes
between
police
and
search authorization
physician, not
by an impartial,
on the presence of
or at least
a relatively
Court's
searched,
based on
particular (relatively
proof, i.e.,
`reasonable grounds.'").
relationship
between
suspects, a
law
enforcement
modest) level
of
personnel
and
criminal
a patient,
under Massachusetts
28
involuntary commitment
responsibilities
decision depends.
likewise
require
psychiatric criteria
be utilized
the subject
Cf., e.g.,
__
____
though
person.
probation
neither is he the
against the
Department
officer
that
physician's ethical
appropriate
in assessing the
an
impartial
ordinary citizen.
of Health
and Social
condition of
is not
He is
876 ("Al-
magistrate,
conducts searches
an employee of
Services who,
medical-
the State
while assuredly
to
allegation or
or exer-
atric decision
337 n.5 ("Nor do we express any opinion on the standards (if any)
governing
The district
court
nonetheless struck
down the
City
policy because "the agents of the doctors in this case are police
es,"
so that
"[t]here
warrant mechanism
61.13
Whether
would
an
is no
therapeutic relationship
disrupt."
McCabe,
______
administrative search
875
F.
which a
Supp.
procedure leaves
at
too
____________________
in light
of its
systemic traits
22-23.
to be
and purposes.
Cf.
___
pursuant to pink
papers
29
much discretion to
law enforcement
officers in the
field is
occupant
the
we
have
consistently
circumscribed
category 2 "search" is
Moreover, the
requirement
need to search.").
that
Under Mass.
never left to
approve
by a
officials serve as
a category 2 search
constitutional signifi-
cance in the fact that police officers, rather than "administrative" agents,
are permit-
415-a5 inspection.
laws
arrest
lies in
officers as enforcers
and in
the
officers'
The
the
of the
power to
the administrative
scheme.
It
is, however,
to those associated
police work.
. .
duties
with tradi-
As a
practical
issued
by the
physician.
with a
cians
subject-patient's current
Unlike law
or former
psychiatric
reliable personal
based on
an ongoing
483 U.S.
at 879 ("As
knowledge
of their
doctor-patient relationship.
was true, then,
patients,
Cf. Griffin,
___ _______
in [O'Connor]
________
. . .
supervisory relationship
entirely, adversarial
and
ongoing
least not
decisionmaker.").
30
to
assign
the enforcement
administrative scheme to a
cy.
So long as
of
a particular
specialized agen-
officer
has the
lations
other
scheme itself.
upon the
than
In
those
by
the
enforcement of their
created
of requiring the
regulatory statutes
to
Burger, 482
______
the
once
person(s) executing
reached [by
the
the search";
the identity of
"[w]hether the
probation officer],
decision,
is realized
through
We
conclude that
these
considerations,
residences
by the
Accord-
police for
balance,
on
the sole
2 pink paper
purpose of
of
executing a
within a reasonable
time
III
III
CONCLUSION
CONCLUSION
__________
We do not suggest
combination invariably
need"
provide adequate
support for
requirement.
31
a "special
the
must
"special need"
exception is
administrative
course,
do
we suggest
that
all
or any other
or other categories
chapter
section
123,
Amendment.
of
12(a),
and
commitment statutes,
does
designedly fact-specific,
comparable state
provision of Mass.
Nor, of
involuntary
Gen. Laws
of searches authorized
necessarily
satisfy
the
under
Fourth
We hold only
issued
pursuant to category 2,
32
Since
the challenged
City
policy
comports with
the
to summary judgment.
viewpoint
other
concerning
including the
cers, the
any
aspect
We intimate
of these
no
proceedings,
claims were
33
APPENDIX
APPENDIX
(a)
Any
physician who
is
licensed
pursuant to
ist authorized
promulgated
eighty
pursuant
psychologist
hundred
ty-nine,
twelve,
to
who after
believe that
of
under regulations
provisions
of
section
twelve or a
licensed pursuant
to sections
and eighteen
inclusive
as such
the
B of said chapter
qualified
one
to practice
to
one
hundred and
said chapter
examining
one
a person
twen-
hundred and
has reason
to
person would
ten day
private facility
department.
period at
a public
authorized for
facility
or at
such purposes by
a
the
the emer-
the person
to consent to such
psychiatric
In an
emergency situation,
psychologist
or
qualified
who believes
would create
reason of
if a
physician, qualified
psychiatric
nurse
mental
is not available, a
police
that failure
a likelihood
to
hospitalize a
of serious
harm by
for such
purpose
by the
ten
facility
department.
An
such
the
otherwise communicate
circumstances
mine
shall
telephone or
with a facility to
describe the
whether the
receive
applicant
facility is
such person
and also
the proper
to give
facility to
notice of
any
restraint
to be
used
and to
determine whether
such
restraint is necessary.
....
34
or a justice
mentally ill
commitment to a
as
court de-
facility of a
to confine would
After hearing such
he
may consider
sufficient,
court justice or
a justice of
partment may
a district
de-
appearance
before
him
of
the
alleged
mentally ill
person
makes such
action
necessary or
of
proper.
to admit to a
facility or examined
by a qualified
department.
or qualified psycholo-
If said physician
by reason of
superintendent may
discharge him at
any time
35