Originally Posted by frazod
And that person gets just gets hauled off. It's not an arrest, it's "psychological observation." Does that come with Miranda rights? Or a phone call, to anybody? If that person owns firearms, and the police confiscate them, are they automatically returned, or does the person have to prove he's not crazy first, at his own expense?
Think about it.
I personally don't know of any times where this has been an issue though. Have people ever cried foul about this? It really just seems reasonable to me. Would it really escalate to confiscating their personal property?
I am sure in the vast majority of cases the police might file a report without actually detaining anyone. Especially if the person in question just acts like an adult and admits they were acting on emotion and frustration when questioned. And if/when further checks on them at the scene reveal they are upstanding citizens then that would be the end of it.
If we want to think worst case scenario in cases where people upholding the law are abusing their power, sure, people could be treated unjustly. But just like with anything the potential for abuse of a law by a few should not prevent a reasonable law from existing to protect the many. It really just seems to be in place for the few that might actually be worthy of detainment due to not cooperating or a history of violent behavior. Most people should never even have to worry about it.