What is the test for obtaining consent from an inmate to be medicated?

California, United States of America


The following excerpt is from Locks, In re, 73 Cal.App.4th 1159, 87 Cal.Rptr.2d 303 (Cal. App. 1999):

It is elemental that consent obtained through threats of force or intimidation do not pass constitutional muster. (Schneckloth v. Bustamonte (1973) 412 U.S. 218, 233, 93 S.Ct. 2041, 36 L.Ed.2d 854, 866.) Because of the serious implications for individual liberty and the nature of the intrusion, a declaration of consent of an inmate to being medicated will be carefully reviewed by the courts. (Long Beach City Employees Assn. v. City of Long

Page 310

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