Arrest protocol for unconscious people

[rosyhoneydew]

Hi! I have a question about a story I'm writing.

Essentially I'm wondering if there's a warrant out for someone's arrest, if they are found incapacitated in some way (in this case, he is unconscious), does his arrest start at the time they take him in regardless of his physical state? Or does someone need to be conscious and coherent to be arrested (i.e. hear their Miranda rights) even if there is a warrant out for them?

Subsequently, if this is the start of their arrest, would this also kick off the timeframe in which certain legal procedures would take place? For example: if a bail hearing needs to happen within 48 hours of the arrest, could that bail be set while the person who was taken into custody was still unconscious (in a medically induced coma for example)?

Thank you!

Comments

[tabaqui]

This has some interesting information, but it's state-specific. Is your character a US citizen or does this take place elsewhere?
https://bluetogold.com/unconscious-person-id/

I'm going to say that yes, an unconscious person can be arrested, but it is then incumbent upon the officer(s) to get them reasonable medical treatment.

All of this, of course, varies by location and time frame.

[rosyhoneydew]

Thanks! They are a US citizen - this would take place in the US Midwest.

[alias_sqbr]

Thanks to both you and the OP, since this is incredibly relevant to something I'm writing and now I didn't even need to ask the question :D

[buttonsbeadslace]

My lawyer friend says that in the US, the person would not be considered arrested until they are conscious and well enough to be told that they are under arrest. The police would guard them at the hospital until they were stable enough to leave the hospital, and they would not be considered "under arrest" until then. The purpose of those time limits on arrest-before-bail-hearing is to protect people from spending too much time in jail, so it wouldn't really make sense to apply that rule if the person is not in jail.

One of the overall goals or principles of the US legal system is that people should get to be present in-person to listen to court proceedings, testify, and make decisions about their own cases. So if someone is too sick to come to court but they are expected to recover, the court would probably decide to wait for them to be well enough to participate rather than make decisions without them.

If the person was incapacitated for a longer period of time (like a non-intentionally-induced coma) the police would leave them in the care of a medical facility. The arrest warrant might be canceled if it's not possible to arrest the person in the near future. The police would ask the medical facility to notify them if that person ever recovers. There would not be a trial and the crime might never be officially solved, if the suspect doesn't wake up before the statue of limitations runs out.

One related fun fact is that police can get a warrant to take physical evidence from an unconscious person's body (like drawing blood for drug tests) without waiting for the person to wake up.

[rosyhoneydew]

This is a huge help, thank you so much to you and your friend! That additional fun fact is super interesting as well and I'm absolutely going to keep that in mind for the story. Appreciate it!