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No tolerance on copycat threats
Dec 18th 2012, 09:45

  • The arrests of the teens are for separate acts, one in California, one in Tennessee
  • The suspects may be difficult to prosecute, legal expert says

(CNN) -- Two teens who, in separate incidents, threatened to carry out similar attacks as the massacre in Newtown were promptly arrested this week -- a sign that law enforcement officials have taken an aggressive no-tolerance approach against potential copycats.

In California, Sergio Cabada posted messages online that he "both supported the actions of the school shooter in Connecticut and had thought of possibly committing similar acts," police in the city of Fairfield said.

Police learned of the statements about 9 a.m. Monday. By Monday afternoon, detectives had tracked them down to the 18-year-old in the northern California city of Suisun.

Cabada was arrested and faces felony charges of criminal threats, police said.

Mourners leave Honan Funeral Home after attending the funeral for Jack Pinto, 6, one of the youngest victims of the Sandy Hook elementary school shooting, on Monday, December 17, in Newtown, Connecticut. As more funerals are scheduled for the rest of the week, investigators in Connecticut work to better understand what happened. Mourners leave Honan Funeral Home after attending the funeral for Jack Pinto, 6, one of the youngest victims of the Sandy Hook elementary school shooting, on Monday, December 17, in Newtown, Connecticut. As more funerals are scheduled for the rest of the week, investigators in Connecticut work to better understand what happened.
Mourners console each other after attending the funeral for Jack Pinto, 6, on December 17.Mourners console each other after attending the funeral for Jack Pinto, 6, on December 17.
Mourners grieve the death of Jack Pinto, 6, on December 17.Mourners grieve the death of Jack Pinto, 6, on December 17.
A mother and two children attend the funeral for Jack Pinto on December 17. Children are among those crowding the funeral for the 6-year-old boy.A mother and two children attend the funeral for Jack Pinto on December 17. Children are among those crowding the funeral for the 6-year-old boy.
A man comforts a young mourner at Honan Funeral Home while attending the funeral for Jack Pinto, 6, on December 17.A man comforts a young mourner at Honan Funeral Home while attending the funeral for Jack Pinto, 6, on December 17.
Boys enter Honan Funeral Home before Jack Pinto's funeral on December 17 in Newtown.Boys enter Honan Funeral Home before Jack Pinto's funeral on December 17 in Newtown.
People walk to Honan Funeral Home before the funeral for 6-year-old Jack Pinto on December 17 in Newtown, Connecticut.People walk to Honan Funeral Home before the funeral for 6-year-old Jack Pinto on December 17 in Newtown, Connecticut.
Veronika Pozner, mother of Noah Pozner, arrives for her son's funeral on Monday, December 17, at the Abraham L. Green and Son Funeral Home in Fairfield, Connecticut. Monday is the first day of funerals for the 20 children and seven adults who were killed by 20-year-old Adam Lanza on December 14.Veronika Pozner, mother of Noah Pozner, arrives for her son's funeral on Monday, December 17, at the Abraham L. Green and Son Funeral Home in Fairfield, Connecticut. Monday is the first day of funerals for the 20 children and seven adults who were killed by 20-year-old Adam Lanza on December 14.
Three women embrace as they arrive for the funeral services for Noah Pozner on December 17.Three women embrace as they arrive for the funeral services for Noah Pozner on December 17.
People arrive at the funeral home ahead of Noah Pozner's service on December 17.People arrive at the funeral home ahead of Noah Pozner's service on December 17.
Mourners arrive at Noah Pozner's service in Fairfield on December 17. Mourners arrive at Noah Pozner's service in Fairfield on December 17.
A Fairfield police officer puts his hand on the back of a woman as they arrive for Noah Pozner's service on December 17.A Fairfield police officer puts his hand on the back of a woman as they arrive for Noah Pozner's service on December 17.
Mourners leave Noah Pozner's service on December 17 in Fairfield.Mourners leave Noah Pozner's service on December 17 in Fairfield.
A florist delivers bouquets for Noah Pozner's funeral on December 17 in Fairfield.A florist delivers bouquets for Noah Pozner's funeral on December 17 in Fairfield.
A Fairfield police officer helps move floral arrangements following Noah Pozner's service on December 17 in Fairfield.A Fairfield police officer helps move floral arrangements following Noah Pozner's service on December 17 in Fairfield.
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
Newtown funerals: A community says goodbye
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Newtown funerals: A community says goodbyeNewtown funerals: A community says goodbye
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"Several items were seized from the residence in an effort to both complete the criminal investigation and to prevent any future acts of violence by Cabada," a police statement said.

In the second case, police in Tennessee arrested Shawn Lenz, 19, after he allegedly posted threatening messages on Facebook.

Lenz, in a post Sunday, wrote: "feel like going on a rampage, kinda like the shooting where that one guy killed some teachers and a bunch of students," CNN affiliate WSMV reported.

He was arrested the same day and charged with terrorism, harassment through the Internet and possession of drug paraphernalia, the affiliate reported.

The arrests come after investigators in the Connecticut elementary school shooting issued stern warnings to potential copycats.

Last week, Connecticut State Police Lt. J. Paul Vance warned that threats would be "investigated statewide and federally and prosecution will take place when people perpetrating this information are identified."

However, such arrests may prove difficult to prosecute, legal experts say.

"This country is based on freedom of speech," said Ryan Caleb, a law professor with the University of Washington. "Saying things about the Connecticut shooting somewhat in a threatening manner, that is not going to be actionable, for the most part."

But, he added, "If you intentionally interfere with an investigation, mislead officers trying to conduct an investigation on purpose, well then, yes absolutely, you're going to be prosecuted."

There may be another way to prosecute suspects but that also raises issues, said Caleb.

"Another is where you intentionally create a public panic," he said. "But understand what the prosecution would have to show is the post or the tweet was done intentionally, was done on purpose, in order to interfere with the investigation in order to create a public panic and that is a relatively high bar to show. "

CNN's Tina Burnside and Josh Levs contributed to this report.

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