Subject awoken “She was asleep, so she did not answer.” While the officers banging on doors/windows. [Tough for any individual to inflict self-harm when asleep]
Once awaken, officers entered without permission!
“The record does not indicate that the officers otherwise asked Rudolph whether she attempted to harm herself without the gun (perhaps with a knife or pills), why she did not answer the door, why her son might have been concerned about her, or whether she had kids in the house, nor did they ask if they could breathalyze her. Indeed, the record is devoid of any mention from the officers that they thought Rudolph might overdose on drugs or have drunk alcohol to the point of risking death.
The officers thus apparently executed this mental-health seizure because they determined that Rudolph’s intoxication alone provided support for her ex-husband’s alleged assertion that she was suicidal. See, e.g., R. 54-4 (Atkinson Dep.) (Pg. ID 674). That is an unreasonable logical leap.
Once the officers arrived, however, they were apparently there for the sole purpose of executing a mental-health seizure (not to determine whether she was going to harm herself), and there are no circumstances that could have changed their decision to seize Rudolph.
“Finally, the officers were under no legal duty to intervene...”
Totality of circumstances...ya...hope she and her family enjoy the proceeds.