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To: mtrott
First, what legal standing do the illegals have to bring a suit against the rancher?

Probably unlawful imprisonment. AZ law allows for citizens arrest if you observe a felony happening, or in rare misdemeanor situations such as riot. Unfortunately, illegal entry into the US is not in and of itself a felony, and neither is simple trespass. So they are probably suing him for false arrest. That is why the Minutemen don't apprehend illegals, they just observe them and report them to the BP.

Not saying I agree with the law here, just giving my understanding of such. A man should be able to detain persons trespassing on his ranch until the authorities arrive.

25 posted on 02/09/2009 6:45:35 AM PST by dirtboy
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To: dirtboy

Umm...did he imprison them? I thought the article said he turned them over to authorities.


27 posted on 02/09/2009 6:49:24 AM PST by mtrott
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To: dirtboy

“Probably unlawful imprisonment. AZ law allows for citizens arrest if you observe a felony happening, or in rare misdemeanor situations such as riot. Unfortunately, illegal entry into the US is not in and of itself a felony, and neither is simple trespass.”

Simple solution. Make illegal entry into the US a felony. An alternative may be to accuse them of stealing water from his tank. Under Texas law that he could legally detain them or worse.


32 posted on 02/09/2009 6:55:37 AM PST by Hacklehead (Liberalism is the art of taking what works, breaking it, and then blaming conservatives.)
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