The first victim of NDAA

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cmhbob

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Oh noes! They didn't read him his Miranda rights! OMG!!!eleven. No custodial interrogation? No need for Miranda rights. Just getting arrested doesn't merit getting read your rights.

It's worth noting that Raub's former platoon commander supported the psych hold. The quote is near the end of the ABC article.

Now here's a thought experiment. Suppose Mr. Raub had gone off and killed a bunch of gummint agents somewhere, and the resulting investigation turned up his Facebook postings. How many people would be saying, "Why didn't someone connect the dots and do something to prevent this?"
 

Onslow

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Reminds me of something Mao or Putin would have done.

So if he is detained for quoting song lyrics why haven't they detained the band that sings those lyrics?

Something is really messed up here.
 

Street Rat

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Oh noes! They didn't read him his Miranda rights! OMG!!!eleven. No custodial interrogation? No need for Miranda rights. Just getting arrested doesn't merit getting read your rights.

It's worth noting that Raub's former platoon commander supported the psych hold. The quote is near the end of the ABC article.

Now here's a thought experiment. Suppose Mr. Raub had gone off and killed a bunch of gummint agents somewhere, and the resulting investigation turned up his Facebook postings. How many people would be saying, "Why didn't someone connect the dots and do something to prevent this?"

Oh, well, as long as his platoon leader supports this decision, then by all means let's start rounding people up. The argument that some would say, this could have turned into something like a mass shooting, so it's ok to detain people before something happens, reminds me of an old saying..... ah, you know what it is...never let a good crisis go to waste.
 

loudshirt

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Oh noes! They didn't read him his Miranda rights! OMG!!!eleven. No custodial interrogation? No need for Miranda rights. Just getting arrested doesn't merit getting read your rights.

It's worth noting that Raub's former platoon commander supported the psych hold. The quote is near the end of the ABC article.

Now here's a thought experiment. Suppose Mr. Raub had gone off and killed a bunch of gummint agents somewhere, and the resulting investigation turned up his Facebook postings. How many people would be saying, "Why didn't someone connect the dots and do something to prevent this?"

That is the problem. If you look at most of the mass shootings over the last few years after about 2 days of investigation it turns up that someone somewhere alerted Law Enforcement or mental health professionals about the shooters. That is the problem we live with. Cant take his guns because guns dont kill people. Cant detain him for whatever reason so now you have a nut job out on the street with guns. Now do I agree with this no. It sucks that this guy is getting detained for mental health evaluation just for posting song lyrics on facebook.
 

cmhbob

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I pointed out the PC's comment as a counterpoint to all of the "He's fine! He'd never hurt a fly" comments in the article.

So where is the line between his 1A rights and protecting society? He's on a psych hold, and those aren't that unusual. Yes, psych holds have been abused. Doesn't mean they don't have merit. Kind of like doctors. Medical misadventures kill 100,000 people a year, but we still let people practice medicine.

I'm not saying I'm certain this was all justified. But without being able to see his wall, and see the private group he was a part of, I can't judge, and neither can anyone here. Without being privy to what was discussed with the intake person, we can't judge. At this point, we have to believe the process is working as it's supposed to. Someone saw something that concerned them, and notified authorities, who are investigating it.

How else should it have been handled?
 
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Oh noes! They didn't read him his Miranda rights! OMG!!!eleven. No custodial interrogation? No need for Miranda rights. Just getting arrested doesn't merit getting read your rights.

It's worth noting that Raub's former platoon commander supported the psych hold. The quote is near the end of the ABC article.

Now here's a thought experiment. Suppose Mr. Raub had gone off and killed a bunch of gummint agents somewhere, and the resulting investigation turned up his Facebook postings. How many people would be saying, "Why didn't someone connect the dots and do something to prevent this?"

I’m not going to get too deep into the weeds on this specific incident. The police claim the crisis intervention workers recommended the detainer. A mental health detainer isn’t an arrest. Had he been arrested, he’d have been taken to booking and processed before being remanded to the mental health facility. By strict definition and legal interpretation, it wasn’t an arrest. That doesn’t mean he can’t be prosecuted for a crime, it simply means the safety of the subject and those he may intend to harm took precedence over any alleged criminal intent.

I do have a problem if they searched his home without a warrant or probable cause. If they had PC to search under exigent circumstances, they had PC to arrest. Even then, waiting for a search warrant is prudent. If the agency has any exposure here, that’s probably where it lies.

Even more concerning is the approach that local, state and federal government are taking towards the mental health needs of our veterans. There are many ways to address these concerns before whisking someone out of their home, detaining them against their will, searching their residence and seizing their property. We need to be circumspect in how we address these issues so we don’t alienate and marginalize those who volunteered to defend their country. We risk severe collateral damage by not doing all we can to help them without creating a stigma that restricts their rights and impacts the quality of their lives. After all, we’d want no less consideration for ourselves under similar circumstances.
 

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