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TheKlawMan · August 24, 2012, 12:29 AM

The judge did not rule that the detention was or was not justied per se, but that the affidavit was void of facts justifying the same.

Whether facts existed that would have justified the issuance of an arrest warrant was not before the court. They probably did not exist, else they would have been included but it could simply be a poorly drafted application for a warrant.

Added by edit: As I guessed, his arrest wasn't for a crime, per se, but for psychiatric evaluation. https://www.rutherford.org/publicati...t_who_could_be

The order involved wasn't an arrest warrant but an order committing him to 30 days for phsych eval. The problem was that he had been held for days based on probable cause before the order issued and the same law only permits 4 hours of incarceration for evaluation without such an order.

I agree that this is an awesome power that needs to be carefully regulated by the courts. Virginia's 4 hour limit is much better imo than states that permit observation without court authorization for as much as 3 days.

This has nothing to do with whether or not Raub commited a crime.

August 24, 2012, 12:29 AM	#12
TheKlawMan Junior member Join Date: June 23, 2009 Location: Orange County, CA Posts: 2,149	The judge did not rule that the detention was or was not justied per se, but that the affidavit was void of facts justifying the same. Whether facts existed that would have justified the issuance of an arrest warrant was not before the court. They probably did not exist, else they would have been included but it could simply be a poorly drafted application for a warrant. Added by edit: As I guessed, his arrest wasn't for a crime, per se, but for psychiatric evaluation. https://www.rutherford.org/publicati...t_who_could_be The order involved wasn't an arrest warrant but an order committing him to 30 days for phsych eval. The problem was that he had been held for days based on probable cause before the order issued and the same law only permits 4 hours of incarceration for evaluation without such an order. I agree that this is an awesome power that needs to be carefully regulated by the courts. Virginia's 4 hour limit is much better imo than states that permit observation without court authorization for as much as 3 days. This has nothing to do with whether or not Raub commited a crime. Last edited by TheKlawMan; August 24, 2012 at 02:03 AM.