Expert: Loren Stevens - 1/8/2004

Question
>>>>On a large agency, a labtech would roll the prints, if they are not yet automated<<<<

What if they ARE automated? What does that mean? Some computer scans the prints real quickly?

>>>>There are a variety of social services that would/could accomodate "short-term" help for this guy. Salvation Army, Catholic Welfare, homeless shelters etc. <<<<<

So after the medical examination, after he is cleared for release, would he have a choice to either accept the help of Salvation Army Etc., or stay with the citizen that originally found him and offered him a room?

>>>>Amnesia or no amnesia, a citizen enjoys a fundamental right to be left alone. <<<<

Lol, I wish. Creditors, telemarketers, police, ex-girl/boyfriends, the list goes on. Still, can I infer from this that the amnesiac could certainly request the help of police in finding his identity, but would not have to submit to any medical checkups, protective custody, short-term living assistance, or anything else that he doesn't WANT to submit to?

Answer
Luke my friend,
Maybe you should list me in the credits of your book. LOL
I should clarify, All LE agencies are not equal, nor do they address "problems" the same way, and all do not have the same resources at their disposal. That said,
At a non automated agency, either a lab tech who works the crime lab, or photo lab could roll the prints, using the standard ink pad etc. Or, an arrested person is printed in jail, after booking.
If an agency is automated, it is a computer process, where clean fingers are pressed on a screen, which puts them neatly on a card, and classifys them, and immediately introduces the prints to the network "AFIS" (automated finger print system) which can be local, state or regional, and ultimately, fed into the FBI database.
These are quite expensive, and most mid to small agencies do not have this equipment.
On the med evaluation, this is physical AND mental. The ER staff first try to determine if the guy is well, on meds, has a comunicable desease etc...ergo lab work.If the guy had SARS or something, that is another issue, re: quarintine.
On the mental, they try to descern if the guy can fend for himself, is a danger to himself or others etc.
The social service that would most probably help him if he was free to leave, would be county social services/welfare. Atleast until a reasonable period has been played to determine his ID.
If there was no police or med hold on this guy, and he had the wherewithal to make a decision on where he wanted to go, amoung the available options, he could choose. I doubt seriously that the "finding" person in real life would offer him shelter. After all, he MAY be a fugitive for murder, or some other heinous offense, or have proclivities that would offend the delicate sensitivities of the "finder".
Plus, there is a liability exposure for the finder to entertain, and whether he has kids or family at his home. Not likely he would take in this lost soul, if he weighed out the pro/con.
Being "left alone" that I uttered, has to do with constitutional perseptions. I THINK it was Justice Brandise who first made that statement, or words and substance to that effect.
The "rights" I speak of, have to do with GOVERNMENT. Creitors et al are all private matters. The Constitution, and subsequent court decisions only focus on abuses of government, and rights of the people.
And yes, the police would have an interest in determining this guy's ID, and would exhaust all available resources to that end. This is not totally courtesy oriented, as the guy may have some government issues to tend to when his ID becomes known.
Where it gets REAL tough, is when you find a guy with amnesia, or a deceased person who is a foreign national, and there is no connect to any USA database.
In terms of what he can agree to from the ER and police, the key, is REASONABLENESS. That is what the court will look for. The ER can hold for observation and other REASONABLE justification, and the courts will usually go along.
The police is another matter. "detention" does have parameters. A "protective custody" hold will need to be endorsed by the court.
The police have a right/duty to resonably be satisfyed with a person's ID. You don't have to produce a document, unless driving a veh or boat, plane etc. But it has to be REASONABLE, if the guy says my name is "donald Duck", well......that won't cut it.
hope this helps.
loren