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Member
Picture of bigdeal
posted
Polk County stripper arrested after threatening mass shooting

Please read the story before posting comments. My question is simple...How is it legal to arrest this woman?

- She did not threaten violence on anyone in specific.
- She does not own a semi-automatic rifle (per another article I read).

I could see maybe hauling her in and Baker Act(ing) her so she could be psychologically evaluated, which would insure NICS was updated and prevented her from buying any firearms in the future. But arresting her? LEO's and attorney's help me understand how/why this is legal.

***Note***
Make no mistake, this woman did something that was stupid on steroids, and I am not defending her behavior, I;m just posing a legal question as to how LE handled her.


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Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
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Picture of steve495
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Seems like this Florida Statute covers it?

quote:
Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism; punishment; exemption from liability.—
(1) Any person who writes or composes and also sends or procures the sending of any letter, inscribed communication, or electronic communication, whether such letter or communication be signed or anonymous, to any person, containing a threat to kill or to do bodily injury to the person to whom such letter or communication is sent, or a threat to kill or do bodily injury to any member of the family of the person to whom such letter or communication is sent, or any person who makes, posts, or transmits a threat in a writing or other record, including an electronic record, to conduct a mass shooting or an act of terrorism, in any manner that would allow another person to view the threat, commits a felony of the second degree, punishable as provided in...


She,"posted about her homicidal urges on social media under the username "taking-lives.""

There is no reference to the actual content she posted in the news article. So you've assumed she did not threaten a mass shooting.

I don't think it would take much to trigger the statute listed above.


Steve


Small Business Website Design & Maintenance - https://spidercreations.net | OpSpec Training - https://opspectraining.com | Grayguns - https://grayguns.com

Evil exists. You can not negotiate with, bribe or placate evil. You're not going to be able to have it sit down with Dr. Phil for an anger management session either.
 
Posts: 5027 | Location: Windsor Locks, Conn. | Registered: July 18, 2006Reply With QuoteReport This Post
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Picture of steve495
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More. Still no specifics about what she actually wrote.

quote:
Lakeland Police Officer Colton Thompson said in an arrest affidavit that he made contact with Brien Basarich, 31, at her home on Wednesday. During Thompson's interview with Basarich, he said she confirmed that a number of posts made to Tumblr, an online blogging site, under the username "taking-lives" were hers.

In those posts, Basarich reportedly stated that she had homicidal urges and that she planned to purchase an AR-15 "soonish." She also reportedly described having a "vision" of a bar or club with one way in and one way out, and that 2019 had a lot in store if her plans went smoothly.

When the officer asked why she'd made the posts, she described herself as a great admirer of serial killers and mass murderers.

Basarich was arrested and transported to the Polk County Jail. She was charged with making a written threat to kill or injure.


Steve


Small Business Website Design & Maintenance - https://spidercreations.net | OpSpec Training - https://opspectraining.com | Grayguns - https://grayguns.com

Evil exists. You can not negotiate with, bribe or placate evil. You're not going to be able to have it sit down with Dr. Phil for an anger management session either.
 
Posts: 5027 | Location: Windsor Locks, Conn. | Registered: July 18, 2006Reply With QuoteReport This Post
Dinosaur
Picture of P210
posted Hide Post
Probably has something to do with all the finger pointing over who missed what signs by the 20/20 hindsight crowd that takes place after any crazy act.

It’s a damned if you, damned if you don’t world lately and a lot of folks cover their asses by kicking any little thing upstairs. Kids being sent to shrinks for drawing pictures of guns in school bothers me a lot more than something like this.
 
Posts: 6963 | Location: 96753 | Registered: December 15, 1999Reply With QuoteReport This Post
Member
Picture of bigdeal
posted Hide Post
quote:
Originally posted by steve495:
More. Still no specifics about what she actually wrote.

quote:
Lakeland Police Officer Colton Thompson said in an arrest affidavit that he made contact with Brien Basarich, 31, at her home on Wednesday. During Thompson's interview with Basarich, he said she confirmed that a number of posts made to Tumblr, an online blogging site, under the username "taking-lives" were hers.

In those posts, Basarich reportedly stated that she had homicidal urges and that she planned to purchase an AR-15 "soonish." She also reportedly described having a "vision" of a bar or club with one way in and one way out, and that 2019 had a lot in store if her plans went smoothly.

When the officer asked why she'd made the posts, she described herself as a great admirer of serial killers and mass murderers.

Basarich was arrested and transported to the Polk County Jail. She was charged with making a written threat to kill or injure.
I simply was operating with whatever information I was able to find so far in making my initial post. If more comes out that clarifies what she actually wrote and that she did threaten someone specific, I'll add that to the thread.

The Lakeland PD info you posted just confirms my initial suspicion that this woman suffers from severe mental illness. But does that make her a threat such that she should have been 'arrested'?


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Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
Info Guru
Picture of BamaJeepster
posted Hide Post
quote:
Originally posted by bigdeal:
The Lakeland PD info you posted just confirms my initial suspicion that this woman suffers from severe mental illness. But does that make her a threat such that she should have been 'arrested'?


According to the Florida Statute that Steve495 referenced, yes she violated the law and apparently committed a 2nd degree felony.

quote:
or any person who makes, posts, or transmits a threat in a writing or other record, including an electronic record, to conduct a mass shooting or an act of terrorism, in any manner that would allow another person to view the threat, commits a felony of the second degree, punishable as provided in.



“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams
 
Posts: 29408 | Location: In the red hinterlands of Deep Blue VA | Registered: June 29, 2001Reply With QuoteReport This Post
אַרְיֵה
Picture of V-Tail
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Agreed, bigdeal, from what we see so far, Baker Act would be more appropriate. That’s only a 72 hour (maximum) hold, but could allow observation and initial evaluation.

EDIT: I just saw BamaJeepster's post, above, and yes, it does appear that a felony was committed.



הרחפת שלי מלאה בצלופחים
 
Posts: 31595 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
Member
Picture of bigdeal
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quote:
Originally posted by BamaJeepster:
...or any person who makes, posts, or transmits a threat in a writing or other record, including an electronic record, to conduct a mass shooting or an act of terrorism, in any manner that would allow another person to view the threat, commits a felony of the second degree, punishable as provided in.
That is simply insane. So making some sort of generalized, stupid written comment, that targets no one in particular, by a person with no firearms (as best as I can tell), who has virtually no arrest record beyond misdemeanor nonsense (as best as I can tell), is a second degree felony? Really? Guess she should have simply stood outside some public establishment and yelled that she wanted to kill a whole buch of people. Failing to document it and simply verbalizing it would have apparently made her un-chargeable? Have we jumped that far off the damn rails?

This woman definitely needs attention, but to be jailed on a second degree felony charge for this? Wow, just wow?


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Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
Legalize the Constitution
Picture of TMats
posted Hide Post
I’m neither, but they couldn’t have thought she was too big a threat, or they wouldn’t have set a bond of just $5K


_______________________________________________________
despite them
 
Posts: 13684 | Location: Wyoming | Registered: January 10, 2008Reply With QuoteReport This Post
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Picture of bigdeal
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quote:
Originally posted by TMats:
I’m neither, but they couldn’t have thought she was too big a threat, or they wouldn’t have set a bond of just $5K
What's absolutely comical, she's have been confined longer had she been Baker Acted, 'and' she'd have received a comprehensive psychological examination.


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
Quirky Lurker
posted Hide Post
quote:
Originally posted by bigdeal:
quote:
Originally posted by TMats:
I’m neither, but they couldn’t have thought she was too big a threat, or they wouldn’t have set a bond of just $5K
What's absolutely comical, she's have been confined longer had she been Baker Acted, 'and' she'd have received a comprehensive psychological examination.


Baker act detentions are a maximum of 72 hours, not a guaranteed 72 hours. Their evals are far from “comprehensive,” and if the person is not a current threat they are let go,with no ability to monitor or order follow up treatment. With the arrest, she can be put on probation with mental health conditions that require treatment and the court can order a true comprehensive eval. Or, I guess the could ignore it until she shoots up a school like the FBI and Sheriff ignored the Parkland shooter.
 
Posts: 881 | Location: Florida | Registered: June 20, 2004Reply With QuoteReport This Post
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Picture of HayesGreener
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Where violent acts or threats of violence are involved, I would normally opt for criminal charges. Baker Act is only for a 72 hour evaluation or when a shrink decides she is not a danger to herself or others. Usually that happens right when they discover she has no insurance. The mental health laws are virtually toothless. By pulling her into the criminal justice system she's going to face a judge who can force some actions that a shrink cannot. A pretrial intervention with conditions can put her on the track for some serious intervention. Arrest was the right decision here.


CMSGT USAF (Retired)
Chief of Police (Retired)
 
Posts: 4379 | Location: Florida Panhandle | Registered: September 27, 2009Reply With QuoteReport This Post
A Grateful American
Picture of sigmonkey
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Well, the arrest should disqualify her from filling out a 4473 and passing a NICS check, leaving her to purchase face to face.

A "Baker Act" incident would not, unless she was adjudicated crazy.

And it serves to "cover dat ass" for the po-leece.




"the meaning of life, is to give life meaning" Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא שוב!
 
Posts: 44569 | Location: ...... I am thrice divorced, and I live in a van DOWN BY THE RIVER!!! (in Arkansas) | Registered: December 20, 2008Reply With QuoteReport This Post
Big Stack
posted Hide Post
It's been long held that bomb threats, even when no bomb actually exists, is considered a crime. Would threatening to commit a mass shooting, even if the person making the threat does not own a gun, be legally equivalent?

Maybe there needs to be a degree of specificity at which the statement crosses from being too nebulous to be considered an actual threat, to being considered one, but that's just my theorizing. There's probably case law about this relating to bomb threats that would be immediately applicable. And, of course, all this can vary from state to state.
 
Posts: 21240 | Registered: November 05, 2003Reply With QuoteReport This Post
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Picture of bigdeal
posted Hide Post
quote:
Originally posted by sigmonkey:
And it serves to "cover dat ass" for the po-leece.
And I suspect this is more to the point than anything else here. Politicos and LE are going to operate more and more with CYA in mind as time goes on.


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
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posted Hide Post
quote:
Originally posted by bigdeal:
quote:
Originally posted by sigmonkey:
And it serves to "cover dat ass" for the po-leece.
And I suspect this is more to the point than anything else here. Politicos and LE are going to operate more and more with CYA in mind as time goes on.


Yep, and this was in Florida, though not Broward County.
 
Posts: 16049 | Location: Eastern Iowa | Registered: May 21, 2000Reply With QuoteReport This Post
Page late and a dollar short
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From what I remember of my EMS days is that if we had a patient that was unable to make a rational decision regarding treatment and their refusal of that treatment could cause harm to themselves or others we could have them arrested if LEO agreed of these facts then transported to a medical facility for evaluation and treatment.


-------------------------------------——————
————————--Ignorance is a powerful tool if applied at the right time, even, usually, surpassing knowledge(E.J.Potter, A.K.A. The Michigan Madman)
 
Posts: 8445 | Location: Livingston County Michigan USA | Registered: August 11, 2002Reply With QuoteReport This Post
Green grass and
high tides
Picture of old rugged cross
posted Hide Post
but as a Stripper she didn't get a little leeway from the cops? Wink That's odd!



"Practice like you want to play in the game"
 
Posts: 19866 | Registered: September 21, 2005Reply With QuoteReport This Post
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These days law enforcement ignore threats of mass shootings at their peril. Maybe she’ll be prosecuted, maybe not, but I’m glad they did something.

A few years back a kid was threatening to shoot up Freedom High here in Tampa. Police investigated and found a cache of weapons and a very nasty, well thought out plan.
 
Posts: 1013 | Location: Tampa | Registered: July 27, 2010Reply With QuoteReport This Post
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Picture of bigdeal
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quote:
Originally posted by DaveL:
These days law enforcement ignore threats of mass shootings at their peril.

A few years back a kid was threatening to shoot up Freedom High here in Tampa. Police investigated and found a cache of weapons and a very nasty, well thought out plan.

But you kinda hit on my initial question. Was this really a threat, or just some mentally challenged stripper randomly popping off at the mouth. Thus far we can't verify if she actually threatened anyone in particular, and she apparently has no weapons or previous convictions. So was she really a threat or just someone in serious need of some mental health counseling?

I've been highly critical of the folks in Broward County for not dealing with Nicolas Cruz, but his situation is wholely different than that of this woman.


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
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