Exclsuionary rule and LPS conservatorship
In re. Conservatorship of
After investigating a treating physician's report that Susan T. fn. 1 was a schizophrenic and a danger to herself and to others, the Lake County Mental Health Department (department) dispatched a crisis services worker to Susan T.'s home. She was living amidst bagged human and animal waste, without water, heat or electricity. She was taken to a psychiatric hospital. Several hours later, another mental health worker from the department took photographs of the interior of Susan T.'s apartment. These photographs recorded the conditions under which Susan T. had been living. The photographs were admitted into evidence over Susan T.'s objection at a later conservatorship proceeding brought against her by the public guardian. We granted review to determine whether the exclusionary rule applies to the trial of a proposed conservatee's grave disability in a conservatorship proceeding under the Lanterman-Petris-Short Act, Welfare and Institutions Code section 5000 et seq. fn. 2 Guided by the analyses of both our earlier decisions and those of the United States Supreme Court, we decline to extend the rule to these types of proceedings.
In re. Conservatorship of
After investigating a treating physician's report that Susan T. fn. 1 was a schizophrenic and a danger to herself and to others, the Lake County Mental Health Department (department) dispatched a crisis services worker to Susan T.'s home. She was living amidst bagged human and animal waste, without water, heat or electricity. She was taken to a psychiatric hospital. Several hours later, another mental health worker from the department took photographs of the interior of Susan T.'s apartment. These photographs recorded the conditions under which Susan T. had been living. The photographs were admitted into evidence over Susan T.'s objection at a later conservatorship proceeding brought against her by the public guardian. We granted review to determine whether the exclusionary rule applies to the trial of a proposed conservatee's grave disability in a conservatorship proceeding under the Lanterman-Petris-Short Act, Welfare and Institutions Code section 5000 et seq. fn. 2 Guided by the analyses of both our earlier decisions and those of the United States Supreme Court, we decline to extend the rule to these types of proceedings.