State v. Collins
In State v. Collins, 53 P.3d 953, 956, 2002 UT App 253 (Utah App 2002) cert denied State v. Collins, 63 P.3d 104 (Utah 2003), the defendant was placed in protective custody at the request of a medical professional after Collins acted in a manner that could have led to serious injury of others. Id. at 957.
Before Collins was placed in protective custody, the officers conducted a pat-down search and found a knife sheath and methamphetamine on his person. Id. at 955.
The Utah Court determined that the protective custody statutes implied an authorization to conduct a search incident to taking the person into custody as a protective measure. Id. at 957.
The Utah Court recognized that "in a civil protective custody search, the purpose is to protect not only the peace officer but also the mentally ill individual and others." Id.
Consequently, the protective search and subsequent seizure were reasonable and not violative of the Fourth Amendment. Id.
Collins, therefore, supports the proposition that a protective search is constitutionally permissible when an individual is placed in protective custody.