Is it necessary to mention that I was put in a drunk tank?

[Aquakitty]

Who hasn't done this, honestly.... I politely told them to get the f*** off my property, and that I would be showing myself to bed (after their nice "suggestion" of a trip to the 'tank).. They seemed to oblige.


No, if someone tries to commit suicide, they are not arrested for it. They are not detained either. Same goes for anything medically related -- which intoxication falls under. If there was no public concern, they wouldn't be detaining. That also means that the RCMP database, which the CIC checks for records in, will have no information on the interaction with police.

Gotcha, TIL. Well in my case I told the cop to "F himself" and he didn't like that. Came right in the house and dragged me to the tank. I did end up quitting drinking partly due to that so it's not all bad!

 

[Penner13]

So you're saying I've been stressing out about a form I don't even need to complete. Haha well that is extremely relieving at least. Thank you very much everyone for the quick and informative answers!

 

[CDNPR2014]

So you're saying I've been stressing out about a form I don't even need to complete.

yes, yes you have. at least now you know there are less forms for you to fill out. if you're working on them now, i'd recommend to hold off until thursday when the new package comes out. it may even be easier!

 

[profiler]

Gotcha, TIL.

I do understand and appreciate what you were saying, but it's the same as a failed suicide attempt, or someone who is unconscious. They cannot make decisions relating to their personal care/health, so they basically babysit until they can. If that makes sense. If you ask to leave, and you are apparently able to make those choices again, they will be happy to let you go. In the case of a failed suicide attempt, that requires a consult with a doctor to assess that you can make those choices.

If that makes any sense?

Well in my case I told the cop to "F himself" and he didn't like that. Came right in the house and dragged me to the tank. I did end up quitting drinking partly due to that so it's not all bad!

Though belligerent, I don't think they can physically remove you from your own home, unless they have just cause. I think I would have pursued that further . In my case, I made a point of recording the interaction on my smartphone (video). They backed off pretty fast.

 

[Ponga]

IMO, I believe that a person is `officially' detained, if/when they are placed in handcuffs by an officer and told that they are being detained. My source for this is all those old episodes of COPS.

However...what about someone that is stopped by an officer? They are being detained, even though they can put the car in drive and hit the gas at any time!

Or...even more ridiculous...when you were `detained' by your teacher after school. After all, question 6 simply asks if the person was ever detained. It's not specific to law enforcement, right?

(kidding...obviously).

 

[profiler]

IMO, I believe that a person is `officially' detained, if/when they are placed in handcuffs by an officer and told that they are being detained. My source for this is all those old episodes of COPS.

However...what about someone that is stopped by an officer? They are being detained, even though they can put the car in drive and hit the gas at any time!

Or...even more ridiculous...when you were `detained' by your teacher after school. After all, question 6 simply asks if the person was ever detained. It's not specific to law enforcement, right?

(kidding...obviously).

But in all those cases, can you ask to leave? I think that's the crux to the discussion. And I do agree, that COPS is definitely informative. When I was younger, I had an unnatural obsession with wife-beater tank-tops with mustard stains .

 

[Bcboundboy]

Isn't the drunk tank used for personal safety though. It's technically not detention unless they arrest you.

Never having been there, I wouldn't know. My working assumption was that 'drunk tank' referred to being arrested for being drunk and disorderly, then released the next morning with no charge. In which case a person would need to answer yes if asked 'were you arrested', but no if asked 'were you charged/convicted'. If it actually refers to something else, then this may not apply.

FWIW, I can't imagine that it doesn't involve that in the developed world, simply because they need to have legal authority to be putting you there. Arresting you on suspician of a myriad of alcohol related crimes is reason to keep you in a cell overnight to sober up. Without the arrest, the police wouldn't have a basis to be doing anything beyond saying 'you should find somewhere to sleep'. In other parts of the world, being detained without a formal arrest is more plausible.

 

[profiler]

Never having been there, I wouldn't know. My working assumption was that 'drunk tank' referred to being arrested for being drunk and disorderly, then released the next morning with no charge. In which case a person would need to answer yes if asked 'were you arrested', but no if asked 'were you charged/convicted'. If it actually refers to something else, then this may not apply.

FWIW, I can't imagine that it doesn't involve that in the developed world, simply because they need to have legal authority to be putting you there. Arresting you on suspician of a myriad of alcohol related crimes is reason to keep you in a cell overnight to sober up. Without the arrest, the police wouldn't have a basis to be doing anything beyond saying 'you should find somewhere to sleep'. In other parts of the world, being detained without a formal arrest is more plausible.

Yeah, and attempting suicide or being found unconscious is an arrest too I guess? I have never been there either, but I can speak from being found unconscious. I signed a form and was released after they revived me. I was not arrested, or detained. They literally babysat me.

 

[Bcboundboy]

Yeah, and attempting suicide or being found unconscious is an arrest too I guess?

Surely for that they'd take you to a hospital, not a cell?

 

[Aquakitty]

I do understand and appreciate what you were saying, but it's the same as a failed suicide attempt, or someone who is unconscious. They cannot make decisions relating to their personal care/health, so they basically babysit until they can. If that makes sense. If you ask to leave, and you are apparently able to make those choices again, they will be happy to let you go. In the case of a failed suicide attempt, that requires a consult with a doctor to assess that you can make those choices.

If that makes any sense?


Though belligerent, I don't think they can physically remove you from your own home, unless they have just cause. I think I would have pursued that further . In my case, I made a point of recording the interaction on my smartphone (video). They backed off pretty fast.

I was agreeing with you, that you are probably right, btw. TIL = today I learned. Sorry, too much redditing.

I definitely wasn't arrested, just carted into the tank. There was no arrest info. And those cells are cold. I had to yell through the 5 foot thick wall for a blanket. Sadly, this episode happened long before smartphones, it's water under the bridge now, but this discussion did make me think that this "detention/apprehension/carting away" probably wasn't "legal". But what can you do if you ARE drunk as hell and belligerent to a cop. He may have been in the wrong but he could say anything and no one would believe the drunk.

Ironically I love true crime shows as well. Never go to jail!

 

[profiler]

Surely for that they'd take you to a hospital, not a cell?

FWIW: intoxication is a medical condition as well. See my parallel here? Also, once you're deemed capable of making personal safety choices, they let you sign out -- just like my described situation. And not all 'tanks are "cells". It's where ever they have room for a guest. Right? On more than one of my late-night weekend visits to Emerg (because apparently doctors don't like to work overnight weekends, and sometimes things just can't wait), I have seen the intoxicated escorted in to a bed, and were supervised (without guard).

I don't know the answer, but based on that interpretation alone, I doubt I'd have any trouble convincing CIC.. to each their own.. my opinion, there was no detention.

 

[canadianwoman]

Someone who is put in the drunk tank by the police has been detained by the police. If you are walking down the road, and the police stop to talk to you, and you feel you cannot leave, you are being detained. The test is: if you ask, 'Can I leave?' and they say yes, then you are not being detained. If the police say no, you are being detained. It is not the same as being arrested. It is something that is frequently argued over by lawyers, because usually people do not ask if they are free to leave, and often stay talking to the cops even though they don't want to, because they feel they have to. So are they being detained? It is not a clear test. But if a cop stops you to ask questions, and you are willing to answer them, do so - you are not being detained. If you do not want to talk to them, ask if you are free to go. If they say yes, you are not being detained. If they say no, you are.

Of course, for the OP, this is irrelevant now, since this is not a form he has to fill out.

 

[profiler]

Someone who is put in the drunk tank by the police has been detained by the police. If you are walking down the road, and the police stop to talk to you, and you feel you cannot leave, you are being detained. The test is: if you ask, 'Can I leave?' and they say yes, then you are not being detained. If the police say no, you are being detained. It is not the same as being arrested. It is something that is frequently argued over by lawyers, because usually people do not ask if they are free to leave, and often stay talking to the cops even though they don't want to, because they feel they have to. So are they being detained? It is not a clear test. But if a cop stops you to ask questions, and you are willing to answer them, do so - you are not being detained. If you do not want to talk to them, ask if you are free to go. If they say yes, you are not being detained. If they say no, you are.

Of course, for the OP, this is irrelevant now, since this is not a form he has to fill out.

Respectfully, 100% disagree here. Not a lawyer, but I have seen the process take place. It's not detention when the officers leave you at a hospital emergency room with not even a guard. Sorry, but it's not. If there is an actual detention, you need to have a person to ask if you can leave, no?? That's my point totally.

No officers to effect the detention -- it didn't happen. Pretty simple.

 

[canadianwoman]

If they just leave you at emergency, you are not being detained. But if you did not want to go with them, and they made you, then you were being detained before they dropped you off.
Here, though, (Saskatoon) the drunk tank is at the police station. They'll let you out in the morning when you are sober. However, a second opinion on my end doesn't think being thrown in the drunk tank is the same as being detained.

 

[profiler]

If they just leave you at emergency, you are not being detained. But if you did not want to go with them, and they made you, then you were being detained before they dropped you off.
Here, though, (Saskatoon) the drunk tank is at the police station. They'll let you out in the morning when you are sober. However, a second opinion on my end doesn't think being thrown in the drunk tank is the same as being detained.

Your posts are generally accurate, or complementary. So I'd never question it. In this case i had to. Sorry about that.

It's a medical condition and as such is protected by privacy laws.

My dentist can't even reveal to my insurer what they are actually paying for. Just x-units of y-service.

In Ontario, it's not lawful detention until you can be aware of your rights. Intoxication counts as not being aware.

Literally, it's about self-safety. Unless they actually issue charges, it's a public service. I watched 2 cases hit CMH ER with no cops guarding; just a plea to let them out, "when their straight".