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The Water Cooler
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The first victim of NDAA
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<blockquote data-quote="Glocktogo" data-source="post: 1878142" data-attributes="member: 1132"><p>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. </p><p></p><p>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. </p><p></p><p>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.</p></blockquote><p></p>
[QUOTE="Glocktogo, post: 1878142, member: 1132"] 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. [/QUOTE]
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The first victim of NDAA
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