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John M. Baker and Katherine M. Swenson John M. Baker and Katherine M. Swenson

As an issue of first impression, the Eighth Circuit recently held in Graham v. Barnette, 970 F.3d 1075 (8th Cir. 2020), that the Fourth Amendment requires the existence of probable cause that a person poses a danger to herself or others that calls for prompt action before the person can be lawfully seized for a mental-health evaluation.

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