BPD Officer Melissa Kelly Abuses 5150 protocol.

Both the Berkeley Police (headed by Michael Meehan) and Berkeley Mental Health have been stonewalling an investigation into the broad misuse of the 5150 protocol. There has been a sharp increase in the use of the 5150 protocol. Officers have been reporting fake 5150s just to get rid of people they have personal grudges with. Out of their own whims, Berkeley police officers have been creating their own pseudo-psychology in attempts to mark people as mentally unstable and a danger to the community. Aside from the harassment related to being abducted by police and EMTs, these fake 5150s generate medical bills for individuals that on average total over $1,500.

On December 3rd of 2009, Officer Melissa Kelly called in a fake 5150. She ordered the EMTs who arrived at the scene in People's Park to send the individual to John George hospital. The officer reported psychotic behaviours, insisting that the individual was an extreme danger to the community as well as himself. Officer Melissa Kelly demanded at least a 72 hour hold in the psychiatric facility, adding that the individual should be watched under maximum security.

The EMTs did not comply with police orders noting that nothing seemed to be wrong. Instead the individual was sent to receive a quick check-up at Alta Bates (the hospital is near People's Park). The stay at Alta Bates lasted less than two hours, hardly the over 72 hours the officer adamantly requested.

The medical report from Alta Bates notes that "all symptoms are... negative." The report notes "no anxiety, anger, unusual behaviour or suicidal thoughts". The report clarifies "no drugs", "wasn't threatening [police]", and explains that the 5150 was called in because of a simple dispute between the officers and the individual ("said something mean"). The only thing noted in the reported is the patient being agitated for having to go through the whole ordeal.

The police have refused to hand over the police report related to this particular 5150 to the individual.

Serious medical resources are being used to detain and harass people in Berkeley. Not only does this violate the rights of the individual but it clogs hospitals, distracts doctors, and uses ambulances that should be responding to true emergencies. Medical facilities are not prisons; they are not meant to hold people that cops have person grievances with.

More broadly, Officer Melissa Kelly used a police radio to call in a fake emergency, which is in violation of the law. Whether it be a fake medical situation, or a fake fire, or a fake crime, it is not within the law for an officer to call in a fake emergency situation.

Berkeley police have made it clear that they will continue to misuse the 5150 protocol as well keep the police reports regarding these fake emergencies from public scrutiny. Berkeley Police have made it clear they will continue to randomly label people as psychotic, insane or otherwise out of their own personal agenda. This continuance is alarming, and puts people at risk.