What happens when a suspect is in the hospital?

hammerklavier

It was a dark and stormy night
Super Member
Registered
Joined
Feb 7, 2008
Messages
711
Reaction score
85
Location
NC
Scenario: In Seattle, a man breaks into a house and is snooping around when he is discovered. He gets into a fight with the owner and gets shot, but is able to escape. His injury is serious so he is taken to the hospital by some bystanders who were also witnesses to the last part of the fight.

Meanwhile, the owner of the house calls the police and reports the break in fight and shooting. (I assume the gun would be confiscated for evidence).

Meanwhile, the hospital reports a gunshot victim to the police. The witnesses are still at the hospital, and also call 911.

What happens next?
 
Last edited:

Wayne K

Banned
Joined
Dec 3, 2008
Messages
21,564
Reaction score
8,083
The lying. Seriously.

The police would more than likely arrest both of them until they investigate the incident. The guy who robbed the house would be handcuffed to the gurney unless the doctors say it's dangerous to his health, or would get in the way during the surgery.
 

hammerklavier

It was a dark and stormy night
Super Member
Registered
Joined
Feb 7, 2008
Messages
711
Reaction score
85
Location
NC
Would the police just come right into surgery? How long would he be allowed to recover at the hospital before action is taken? Would they try and get him before a judge for bail hearing faster or slower than usual? Et cetera.
 

maryland

Super Member
Registered
Joined
Jan 3, 2009
Messages
197
Reaction score
30
Suspect is put in a private room with a police officer sitting outside night and day until the patient is well enough to be taken and charged. I've seen this in a hospital.
They choose a room (with its ensuite toilet) situated far as possible away from all lifts and fire-escape stairways.
 

Tsu Dho Nimh

Super Member
Registered
Joined
Sep 2, 2006
Messages
1,534
Reaction score
248
Location
West Enchilada, NM
I've been in the middle of these situations. Working nights is such fun.

Would the police just come right into ER? They would first have to ask the ER clerk where he is, and get escorted to that spot. They don't get to go around peeking in the treatment cubicles until the find him.

One danger of having shooting victims in your ER is that someone might come to the hospital to finish the job. Targets of violence are usually whisked out of the ER as fast as possible, and may be booked under a false name to keep anything from happening in the wards.

I had to hit the floor in Las Vegas when someone followed an ambulance to the hospital and barged in looking for his target. I was fixing some equipment, heard a nurse shriek "He's got a gun". So I dove for the floor and slithered out the rear exit. The equipment took a slug to the power supply ... try explaining that to the warranty people.

Would the police just come right into surgery? Absolutely NO! They aren't scrubbed! And the wounded guy isn't going very far bare-butted and zonked on pre-op drugs, even if he could find his way out.

Lets say the gunshot victim is already in surgery when the cops match up the calls and realize that he's probably the suspect for the breaking and entering.

They go to the hospital with the warrant, show it to the ER admissions clerk (who otherwise won't give them the time of day), and clerk tells them he's in surgery.

They can go show the warrant to the surgery clerk, and wait in the waiting room of surgery if they want to, or ask to be notified when the suspect gets out of surgery. It would depend on what surgery is happening.

If there was a shooting, they will give the ER/OR staff evidence collection envelopes to put the bullets in, sealed and signed by a witness to the extraction to maintain chain of evidence. We did one bullet or fragment per envelope, identified by the body part it was extracted from, and videotaped the procedure. (keeps hospital staff out of the witness box, because it's all on tape)

If you find a bullet on the ambulance gurney as you are washing it down, you have to stop and call the cops to get it.

I can remember only one case where the cops insisted on having a cop collect the bullets, and he was a PITA.

How long would he be allowed to recover at the hospital before action is taken?

As long as it takes until he can be safely discharged or transferred to a secure medical facility.

Would they try and get him before a judge for bail hearing faster or slower than usual?
There is a time limit on arraignment hearings if the person is in jail (at that hearing, bail can be discussed), but if the dude's in the hospital they can wait as long as it takes.

And security while he's in the hospital?
Depends on his condition ... anything from just a cuff and longish chain attached to the bed to an armed cop outside the room checking IDs of anyone who wants in.

***********
Also consider that some hospitals - Maricopa County for one - have a high security ward. Almost any hospital can come up with a lockable private room in the isolation ward. And some jails have a medical section.

So he could be transferred to a more secure place before he's healed completely.
 
Last edited:

RJK

Sheriff Bullwinkle the Poet says:
Super Member
Registered
Joined
Nov 6, 2007
Messages
3,415
Reaction score
440
Location
Lewiston, NY
The suspect would be arrested and placed under police guard. ASAP, a judge would arraign him in his hospital bed, and set bail. After that, the suspect would be the Jail's responsibility. A jail guard would be assigned to him, until he was mobile enough to be transferred to the jail medical ward.
 

hammerklavier

It was a dark and stormy night
Super Member
Registered
Joined
Feb 7, 2008
Messages
711
Reaction score
85
Location
NC
How would visits by friends and family be handled? Would they search everyone? Would there be any privacy for conversations?
 

hammerklavier

It was a dark and stormy night
Super Member
Registered
Joined
Feb 7, 2008
Messages
711
Reaction score
85
Location
NC
While visiting the suspect under arrest in the hospital, that is.
 

JulieHowe

Spent the night with Jack Daniels
Kind Benefactor
Super Member
Registered
Joined
Feb 26, 2009
Messages
1,560
Reaction score
155
Location
California
While visiting the suspect under arrest in the hospital, that is.

For security reasons, it's not likely a recently arrested person in the hospital for his injuries would be allowed to have any visitors. Once they were transferred to an in-jail medical ward, they might be allowed to have visitors, but it's still not a regular procedure.
 

hammerklavier

It was a dark and stormy night
Super Member
Registered
Joined
Feb 7, 2008
Messages
711
Reaction score
85
Location
NC
So they could visit one at a time, be searched and an officer would be present, right?
 

Horseshoes

lisapreston.com
Super Member
Registered
Joined
Jul 29, 2007
Messages
827
Reaction score
104
Location
Pacific Northwet
Website
www.lisapreston.com
A guy breaking in to a house and snooping around has only committed a misdemeanor in most jurisdictions. Show an intent to commit another crime while unlawfully in the dwelling and his act turns into burglary (not robbery) but even then, this is a property crime (yawn) not a persons crime and Seattle is not going to start the clock running (on his right to a speed trial) by charging the shot guy for the burglary. They and Corrections do not want to pay for his medical care either, which they will have to if they arrest him for the little burglary.

I'm sure your story has a lot more background, but on what you've given us, your shot trespasser ain't getting arrested. No handcuffing to a gurney, no searching of visitors, no cop posted outside his door

By the by, being arraigned doesn't mean one's in jail, just means one's going to answer guilty, not guilty, no contest (or stand mute).

What does your story need?
 

hammerklavier

It was a dark and stormy night
Super Member
Registered
Joined
Feb 7, 2008
Messages
711
Reaction score
85
Location
NC
They should have him on an assualt charge since he used a deadly weapon in the fight.
 

Horseshoes

lisapreston.com
Super Member
Registered
Joined
Jul 29, 2007
Messages
827
Reaction score
104
Location
Pacific Northwet
Website
www.lisapreston.com
HK,
You no doubt have the details in the story to make it so, it's just not so in your post

Your posted scenario has the shot guy in the hospital having only committed a trespass. The deadly force came from the homeowner victim of the trespass. The homeowner's use of force doesn't affect the criminal charge levied on the shot trespasser.