I've seen a lot of people on here and a few other forums freaking out about Brandon Raub.
They seem to think he was thrown in a psych ward for posting something controversial on FB. That is NOT the case.
Let me explain what the law allows the police, etc. to do, with an example.
Say that someone who didn't like you, who had military training, and who you thought might be slightly unhinged, started posting on FB that they
thought your family deserved to be killed.
Say they did that every day for weeks.
So, you think, this is kinda freaky, I'm gonna call the cops, just in case. I know I would, cause if the guy murdered me, I'd want the cops to know
who probably did the crime.
Anyway, you call the cops and they investigate.
After reading the posts they decide, maybe he's just talking crap, maybe he's a threat, we don't know, but hey we're cops, let's go see.
They show up at his house, and he refuses to be rational with them, a crowd gathers.
The cops then decide that, the only way they'll get answers is to take him somewhere, a third location, and ask him questions. He refuses to go.
Legally they can handcuff him and take him for questioning.
At that point, if they think you are a immediate threat, they can get an emergency involuntary psychiatric hold, but they need a judge to sign off on
it in most cases.
As of 2008 Virginia was one of only five states requiring imminent danger in order to involuntarily commit someone. But after the Virginia Tech
Massacre, there was significant political consensus to strengthen the protections for society and allow more leniency in determining that an
individual needed to be committed against their will.
-- the person has a mental illness and there is a substantial likelihood that, as a result of mental illness, the person will, in the near future, (1)
cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant
information, if any
--the person has a mental illness and there is a substantial likelihood that, as a result of mental illness, the person will, in the near future, (2)
suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs
Now, during this, the guy CAN claim he's not crazy, not a threat etc. Most people dealing with cops claim innocence, but.. you know, that's pretty
The important points:
- He was NOT kidnapped
- He was NOT locked up for posting something controversial on FB
- He could ONLY be locked up if the cops (and probably a judge) think he's an imminent threat.
So, please, keep exercising your free speech, calm down, and don't spread false rumours.