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You falsely quoted me as: "once an arrest warrant goes out, it is legal for ANY law enforcement agency to detain the person in question."
Quote:
Originally Posted by rbohm
then she should have appeared before the court at the appropriate time and place, and the warrant would never have been issued in the first place. she brought this on herself.
Hey,
Don't change my words in my quotes. That is really offensive.
I said that the bench warrant (it was not an arrest warrant, no crime was involved) is often valid only in the jurisdiction in which it was issued.
There was no crime involved, so no statute of limitations.
She probably still has the warrant, since they are extremely difficult to clear on your own if the case has been dismissed already.
Nothing new. Even going back to the 50s it was common for hispanic citizens to get arrested and detained for immigration (actually getting deported happens, but is much more rare). I was detained by a sheriff deputy for INS hold back around 2000 because he wouldn't accept my driver's license either. I had called in an alarm going off at a nearby store and when he arrived, I was outside so he asked me for ID. I was about 300 ft from the apartment I was staying in, where I had my passport, but he would not let me go in to get it. When the alarm came back as a fire alarm, for some reason he handed me my ID back and cancelled the call to pick me up.
Since that day, I have always carried proof that I was born in the US. Originally my birth certificate or passport, but now I carry a passport card since it is so convenient.
I'd like to know how LE can say a person's "Hispanic" or not since it ain't a race. Hell; many typical "Mexican" looking people in the US are of German, Italian, American Indian, East Indian. Black and so on heritage. I've been fooled a few times.
A 10 year old bench warrant in a matter that has been dismissed should have been given little standing. Apparently given none the next morning. She claims she had no knowledge of any court appearance and did not show up because she did not know about it. One would have to find out if she was actually served with a warrant to even begin to know if any of this should have happened. And it is doubtful the warrant had a standing 10 years after a dismissed matter. She should have received a notice to appear and that should have been it.
The ACLU is also alleging that the Sheriff stalled on releasing her to accommodate ICE. That was not supposed to happen but may well turn out to be practically true. That would however create liability for the Sheriff in the ICE matter.
ICE had no basis for detaining her. Practically they can do that even though it is against the law. And at that point the citizen will have to prove their citizenship or get deported. That however is very likely to get into trouble on the basis of Constitutional due process if anyone can get one of these cases into the appeals court or the USSC. The outcome may well be very bad for ICE...a requirement that all claiming citizenship get provided a lawyer.
the warrant was still outstanding. as for her not knowing when the court date was, i say rubbish. she was a witness, and thus she was served with a subpoena which would have the date, time, and court room to which she was required to attend.
as for ICE, its possible that they got records mixed up, but apparently there was a question about her citizenship, which they are required to clear up.
Quote:
Originally Posted by HockeyMac18
Would you be ok with that treatment as a legal citizen?
you dont read mush sometimes do you? if i ignored a subpoena, and a bench warrant was issued, i would expect the cops to be standing n my door step with chrome bracelets ready to haul my butt up in front of the judge that issued the warrant, or if i wasnt home at the time, and they caught up with me later, after court proceedings had been closed for the day, then they have the legal right to haul my butt to jail and then in front of the judge when court opens in the morning.
and if there was a question of my citizenship, i would expect ICE to detain me, until the issue was resolved.
its called following the law. would i be happy about it? probably not, but i would be angry at myself for not talking care of things in the proper manner.
So I guess this is what the illegal immigration nuts wanted. Now you have American citizens being arrested by ICE! Based on the article, almost 700 american citizens have been jailed from 2007-2016 and that is illegal. She even showed them her driver's license and she was told that it was not enough.
The only way she was released was when a relative brought her passport, but what is she didn't have one? What then?
I guess you want us to tink that you NEVER made mistake in your life.
I don't care if she had a warrant because she was a witness in a case..that has absolutely NOTHING to do with the fact that she showed them her drivers license and she was still detained by ICE..nice strawman argument btw.
It is, and that's true.
".that has absolutely NOTHING to do with the fact that she showed them her drivers license and she was still detained by ICE"
My friend's 75 year old mom, who has been in this country legally for over 50 years from Peru, put her papers in her purse the day trump won. Just in case.
If the person in the article had a drivers license showing it was verified with the "yellow" sheriff star on it that means all papers are checked, at least in Florida that is how the cops can see it as well as other government departments.
Recently we got hit by another car who was at fault and the cops checked both drivers licenses and it seems not to be any reason to ask further questions.
The cop did ask and guess where our accent was wrong but that was all. No question regarding citizenship or anything else as we have the ID with the star which shows everything is checked and legal and no "temporary " on it as we had before when we had a visa.
This all makes me wonder if the person mentioned had not her papers up to par.
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