The first victim of NDAA

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SMS

Sharpshooter
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I think the other thing that bothers me about this is that it realistically has nothing to do with NDAA. This seems to be a pretty "normal" psych hold, other than the person being a vet.

Ditto...I must have missed the part where this had anything to do with the NDAA.

It looks to me he was detained under the authority of State law...not the NDAA. The circumstances are still disturbing, but trying to connect it to the NDAA just muddies the water and distracts from the real issue of someone being scooped up because of FB posts....
 

Billybob

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Here's my problem with that - what sort of threats did Holmes make?

(from the article):



It's a little disturbing to see a Grey area between cynical comments / song lyrics vs threats.


We don't know what threats he made because info has been sealed, but apparently it worried the school...

"Holmes started making threats that were reported to police and he was denied access to the University of Colorado campus prior to the July 20 shooting".

http://news.yahoo.com/accused-color...ior-shooting-prosecutor-205009414.html?_esi=1
 
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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.

I believe such actions by these "well meaning officials" can ultimately backfire. Hacking away at people's rights like this is a good way to turn people against this government abuse and precipitate the very uprising they are supposedly quelling. People will not stand for this - especially when the abuse becomes more and more obvious.

Woody

For all intents and purposes, anything the Feral(Federal) Government does beyond the bounds of the Constitution, it is the same as if it were done by a foreign government, and should be treated like and defended against as such. B.E. Wood
 

ez bake

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Ditto...I must have missed the part where this had anything to do with the NDAA.

It looks to me he was detained under the authority of State law...not the NDAA. The circumstances are still disturbing, but trying to connect it to the NDAA just muddies the water and distracts from the real issue of someone being scooped up because of FB posts....

I don't see that he broke any laws at all. And he was visited by (and this all appears to have happened as a result of the decisions made by) multiple federal agencies - at least the FBI and Secret Service. The Chesterfield police transferred him under an emergency custody order to John Randolph Medical Center in Hopewell - that was the extend of local LEO involvement (no arrest was ever made, and if I'm not mistaken, there were no local charges?).

This seems to fall exactly under the NDAA in my opinion.

http://en.wikipedia.org/wiki/National_Defense_Authorization_Act_for_Fiscal_Year_2012
 

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