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Old 02-11-2009, 10:06 AM   #17
OnyxCougar
Junior Master Dwellar
 
Join Date: Mar 2003
Location: Kingdom of Atlantia
Posts: 2,979
These illegal immigrants were on private property, trespassing, and the owner of the land has a legal right backed by precedence to detain them until law enforcement arrives. Once LE arrives is when Habeas comes into the argument. Habeas only comes into play when we're talking about government authorities detaining people.

Habeas Corpus does not apply to non-citizens. The US Constitution is a contract between US citizens and the federal government. Regardless of what "case law" may imply, non-US citizens, especially known enemies captured during wartime and held outside of US territorial jurisdiction, are not protected by the US Constitution.

More info about Habeas here.

Now, when we're talking about detaining people for purposes of calling the US Border Patrol, that falls under Citizen's Arrest statutes.

Quote:
Today, citizens arrests are still legal in every state, although state laws pertaining to citizens arrests are not uniform. In general, all states permit citizens arrests if a criminal felony (defined by the government as a serious crime, usually punishable by at least one year in prison) is witnessed by the citizen carrying out the arrest, or if a citizen is asked to help apprehend a suspect by the police.
Quote:
Once the suspect has been taken into custody (by the citizen), it is the citizens responsibility to deliver the suspect to the proper authorities in a timely fashion.
In other words, this guy was doing what he should have done. IMO, vigilante-ism would have come into play if he'd have shot them on sight. And if he loses this case, and has to pay illegals millions of dollars, do you really think he *won't* do that in the future?

Secondary question: how is it that illegal immigrants are ALLOWED to sue US Citizens for infringing on their civil rights, when they don't have US civil rights to begin with? They have Mexican civil rights, but the incident didn't happen in Mexico, and isn't against a Mexican.

The more I think about shit like this, the more I want to move out of this God forsaken place.
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