Pre-crime policing - Oregon

[Glocktogo]

While I do not see how this fits the criteria for and EOD, the statement that it is not an arrest is true.

Oklahoma is no different. I do many, many EODs, and they are not arrests, they are civil commitments. There is a certain criteria that must be met, but I alone make the decision. I do not need a doctors signature, or a psychologists blessing.

It may resemble an arrest, but its not. Its not a kidnapping either. These laws have been on the books for years, and court after court have ruled that these do not meet the criteria for an arrest, as their is no penalty possible.

Let me reiterate, I have absolutely no idea how this met the criteria for a detention, unless there is more to the story. We all know that NEVER happens though, right?

All reports indicate that this guy was calm and reasonable. They released him with a clean bill of mental health on the same day he was detained. If you're evaluating a person for an EOD, do you do it with a full SWAT team? If the subject shows no indications of harm to himself or others, are you justified in proceeding with a civil commitment? If all you have is "he bought some guns", are you justified?

Your authority to "detain" someone for a civil commitment relies on your ability to articulate a reasonable risk to the health and welfare of the subject or others. If you did a civil commitment based on the fact that an unemployed person who made no threats to himself or others bought some guns, you're outside the scope of your authority and should be subject to civil, and possibly criminal action.

Being a LEO is not Carte Blanc to do what you want with the citizens in your jurisdiction, just because you think it's a good idea.

 

[reddog1]

Being a LEO is not Carte Blanc to do what you want with the citizens in your jurisdiction, just because you think it's a good idea.

+1....