Raub’s supporters are characterizing the detention as an arrest, complaining that he was handcuffed and whisked away in a police cruiser without being served a warrant or read his Miranda rights. But county and federal authorities say it was not an arrest because Raub doesn’t face criminal charges.
Sounds to me like he was with in his rights to do so.
Amendment 4 - Search and Seizure
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
So if they were not arresting him how could he be resisting arrest? If they did not have a warrant how can refusing them entry to his house be resisting arrest?
The doublespeak is strong with this story. And it is a very short journey from Raub to committing people for political views.
“So if they were not arresting him how could he be resisting arrest? If they did not have a warrant how can refusing them entry to his house be resisting arrest?”
You ask many kveztions, comrade. Perhaps you veel find answers in Gulag?!;)
I cannot speak to the underlying law, but from a practical standpoint - I (and my sis) had to involuntarily my mom (bipolar and waaaaay off the reservation) several times.
While my father was alive, it was a bit easier as they certainly took at face value the statements of the man living with her, coupled with her behavior.
After he passed, it became much more difficult, as the bias was certainly against sis and I, who were more likely to be seen as trying to put inconvenient mother into the hospital, presumably so we could raid her assets.
Anyway, in talking to an eldercare attorney, his suggestion was to go swear out (I don’t recall the exact language) a warrant for observation, at the circuit court, who would then engage the cops to go pick up the individual, take them to the nearest hospital for observation. I believe that the warrant issued by the court for observation satisfies the rules of the 4th amendment. But I’m no legal scholar.
BTW, we never went that route with my mom, we handled it the hard way, as I was not really interested in Baltimore city cops showing up at my moms place.
“So if they were not arresting him how could he be resisting arrest? If they did not have a warrant how can refusing them entry to his house be resisting arrest?”
Sounds like state-sanctioned kidnapping.