Arrests Due to Misunderstanding of Seizure Activity

There are many documented incidences where an individual has been falsely arrested because of the way their seizures appear.  Many people have been taken into custody for such offenses as drunk and disorderly behavior, creating a riot, and committing an offense against public decency, just to name a few.  Seizures mismanaged by law enforcement have unfortunately led to injury and, in some rare instances, even in the death of the person having a seizure. 

The Situation: You awaken in the presence of a police officer who is leading you to a patrol car.  You sense that you have had a seizure, but in your confused state it is difficult to explain yourself.  Now you find yourself on the way to the police station frantically trying to give reasons for what you understand your behavior might have appeared to be and what it actually was.

The Discussion: This is a common description of an arrest due to a seizure, which as you may have concluded, was most likely a complex partial seizure in which the person experiencing the seizure may have been wandering and rambling incoherently.  It is easy to see how it could be misinterpreted.  To compound this dilemma is the very real possibility that while the predicament is being resolved, the person may well be missing a dose of their antiseizure medication.

The Plan:  This unfortunate set of circumstances might well have been avoided if the person with epilepsy was wearing a medic alert bracelet or necklace.  Even then, these are often missed if they are not completely obvious.  Key here is to understand how your seizures would be interpreted by the public and what exactly you need to do to avoid finding yourself in a similar position.
• Wear a medic alert bracelet or necklace.
• Carry a letter from your neurologist describing your customary events.
• Alert your local police department to the fact that you have a seizure disorder and explain exactly what your seizures may look like and what types of behavior you exhibit.
• Let local law enforcement know that there is training available that would help them to understand and manage seizures correctly.

For more information visit:

• The National Epilepsy Foundation: Criminal Justice Fact Sheet
http://www.epilepsyfoundation.org/epilepsylegal/upload/Arrest-for-Seizure-Related-Behavior.pdf

• Jeanne A. Carpenter Epilepsy Legal Defense Fund
http://www.epilepsyfoundation.org/epilepsylegal/

• Legal Services Corporation for state-by-state resources
http://www.lsc.gov/

• National Legal Aid Defense Fund
http://www.nlada.org/Defender