16 year old in custody under the Patriot Act
By lilwonders
@lilwonders456 (8214)
United States
May 5, 2009 8:07am CST
FBI arrested a 16 year old boy in North Carolina a few months ago for being a "terrorist" and a "enemy combatant" under the patriot act.
According to Annette Lundeby (the boys mother)of Oxford, N.C., armed FBI agents and local police stormed her home around 10 p.m. on March 5, looking for her son, Ashton. The officers presented a federal search warrant and seized the tenth-grader's computer, cell phone and bank statements.
Ashton was then taken to a juvenile facility in South Bend, Ind., charged with making a bomb threat in Indiana from his home computer.
No bomb making materials were found in his home. His mom thinks someone hacked into his computer and made those threats.
Sence then his mother has had little access to him. The FBI is not talking to her or anyone about it. And her son has yet to see a court room or a judge (after two months). WHy? Because when someone is charged under the patriot act ALL their constitutional rights are suspended.
"We have no rights under the Patriot Act to even defend them, because the Patriot Act basically supersedes the Constitution," she told WRAL-TV. "It wasn't intended to drag your barely 16-year-old, 120-pound son out in the middle of the night on a charge that we can't even defend."
http://www.freedomsphoenix.com/Find-Freedom.htm?EdNo=001&At=0056282
I am still researching this issue. I have just found about it. Even if the boy made the threats I not think he is an "enemy combatant" and he should still have his constitutional rights. THe legal process should handle this. What do you think?
Is the partriot act being abused in this situation?
3 people like this
6 responses
@murderistic (2278)
• United States
5 May 09
The USAPATRIOTACT is a disgusting excuse of heightened national security laws. It trumps over our basic constitutional and human rights. It needs to go.
1 person likes this
@lilwonders456 (8214)
• United States
5 May 09
xactly. I wonder how many other people this has happened to.
1 person likes this
@lilwonders456 (8214)
• United States
5 May 09
Well this kids is not a muslim and is white. But I do think Homeland security and the FBI need to investigated. At worst this kid did a bad prank and should be held accontable for it.....but it not a crime that deserves this kind of punishment. Heck even serial killers are allowed more rights than this kid. he is not even allowed legal counsel or advice.
1 person likes this
@murderistic (2278)
• United States
5 May 09
I think most of the time the abuses of the USAPATRIOTACT go unnoticed because it abuses the human rights of foreigners who happen to be Muslim. The act basically allows for legalized racial and religious discrimination. I mean, how can it not when it allows for arbitrary arrest?
1 person likes this

@spalladino (17891)
• United States
5 May 09
No, this incident does not appear to qualify and is very disturbing to say the least. Making threats via the internet isn't something new and it's always been dealt with by law enforcement in a routine fashion that did not include your basic constitutional rights being removed under the guise of the Patriot Act. Keep us updated, Lil, if you learn anything else.
1 person likes this
@lilwonders456 (8214)
• United States
5 May 09
I am still trying to figure out how he is an enemy combantant or domestic terrorist. He has not ties to a terrorist group that has been reported. If he even did the threats than it looks like a stupid prank pulled off by an immature 16 year old. HEck a bunch of teen agers played mailbox baseball in our neighborhood this weekend. Lots of distroyed mail boxes. When they find them are they now "enemy combantants"? Yes if he did the threats he should be charged. But not under the partriot act. But in a regualr court.
I hate the fact that the patriot act is "above" our constitution. NOThing should be above our constitution.
1 person likes this
@spalladino (17891)
• United States
5 May 09
I couldn't agree with you more. This is a serious violation of this boy's rights.
1 person likes this
@lilwonders456 (8214)
• United States
5 May 09
yep. But it looks like so far no one but his mom is standing up for him.
1 person likes this
@gewcew23 (8007)
• United States
5 May 09
This just does not make any sense. Okay I get it that the 16 year old might have done something on the ignorant side of life, but what exactly is the crime he committed? Why is a threat a crime in the first place. I could say to you, Lilwonders that I am coming to steal all your candy, now that is a threat but hopefully you will not call the FBI on me.
Yes the Patriot act has been abused but simply having a Patriot act is an abuse of the Constitution.

@lilwonders456 (8214)
• United States
5 May 09
Here I will share my candy with you (handing you a pink starburst). But I won't share with the FBI. They don't deserve candy.
I agree that even having a patriot act is an abuse of the constitution.
I also think that people need to what up and realize that people's rights are being violated and the constituiton ignored.
This poor mom has been every where looking for help and no one can help her. Why? Because the patriot act give the government the right to ignore anyone they want.
While her son, who may have done a stupid thing, is sitting in jail for two months without legal councel and without any rights at all.
If I was that mom they would not like me very much. Besides sueing them I would be holding massive protests and pressing charges against not only the FBI but homeland security and every member of congress who voted for the patroit act.
Not to metion being on every TV channel I could get my hands on and giving interviews in every newspaper.
1 person likes this
@ParaTed2k (22940)
• Sheboygan, Wisconsin
6 May 09
I hear stories like this a lot, but have yet to find a verifiable one. I know the ACLU has been posting things about abuses and challenging parts of the Patriot Act in behalf of groups, but I haven't found any ACLU articles that talk about any specific American whose rights have been violated.
The ACLU's website has an article called, "ACLU Releases Comprehensive Report On Patriot Act Abuses".. this comprehensive report lists a lot of generalities and ways the PA could be used against individuals... but there isn't a single case listed of someone being imprisoned or punished without trial under the PA.
The website also has a link to a "Fact Sheet", with all sorts of interesting information about the Patriot Act and possible abuses under it... but that also fails to list any situations where someone was imprisoned or punished without trial.
There have been challenges to the Patriot Act, some were without merit, but others were very important. The PA is a great example of why legislation should never be passed without debate and discussion prior to its enactment.
The Patriot Act has been in affect since 2003, since then we have been told all sorts of horror stories about what "could happen" or "might happen", but even the ACLU can't seem to find a case where an individual was the victim of the horror stories.
This doesn't mean they can't happen, or that the PA shouldn't stand a lot of scrutiny. Most of the provisions in the PA have "sunset" dates, and Congress should look over the years they were in effect to determine if they were effective at all. Those that haven't been effective should be allowed to "sunset".. those that have been effective should be revised to be in full compliance with the Constitution, and also to make them more applicable to the threats of today and the future.
http://www.aclu.org/safefree/patriot/38979prs20090311.html
@lilwonders456 (8214)
• United States
6 May 09
I am working on getting all the details on this one. His mother did a interview with the local news about it.
http://www.wral.com/news/local/video/5050332/
It is all over the web. But not on any of the major sites. I have some of my friends in the state of NC doing some fact finding for me.
I hope this is some elaborate hoax. I would hate to think of 16 year old boy locked away for two months with no legal council or due process. No matter what his crime was.
I will let you know what I find out.
@hotsummer (13919)
• Philippines
6 May 09
i totally agree with you. the child has every right to appear before the court. i am totally astounded with this news. a very helpless child being held up and kept like a dangerous terrorist even they have not seen any proof. what is coming to the justice system of the US. i expect more humanly treatment in US.
@DarthJustice (2013)
• United States
5 May 09
I agree. This definitely shows why we need to get rid of the Patriot Act. Even if the guy really did make those threats, I hardly think he's an 'enemy combatant' despite how wrong it was. There should be nothing in place that supercedes the Constitution and can easily strip someone of their constitutionally guaranteed rights.
1 person likes this
@lilwonders456 (8214)
• United States
5 May 09
I completely agree. But it seems the government doesn't.
1 person likes this






