Posted on 07/25/2011 9:38:36 AM PDT by reaganaut
And I tend to stay away from Utah as much as possible, too many Mormons.
So, it it 15 or 24 states? You can’t even get your numbers straight. How about giving me something other than Wiki
Exactly, why is he being HELD and NOT CHARGED WITH A CRIME.
No one has the right to hold him indefinitely. That is unconstitutional.
Right now many places do not and the feds could careless. Hold and try him for the crime commited, search databases, fingerprints etc. and report to feds if he shows up in the seach as an illegal.
He has the Right, and the ability.
My issue is this; if an illegal is apprehended committing a crime; and refuses to give his name - how do we determine whether he is a US citizen, or in the country illegally? If he’s here illegally, and refuses to give his name; not only does he leave a ‘free man’; the fact that he was caught ‘x’ times committing a crime, is not part of his record.
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WRONG. Your whole premise is wrong. He would be fingerprinted, and tried as John Doe XXXXX (what ever number), if caught again, the prints would show up in a database (they are good about that now) and he would be tried again as John Doe XXXXX (same number).
A more appropriate part of the code is this:
“77-7-23. Delivery of prisoner arrested without warrant to magistrate — Transfer to court with jurisdiction — Violation as misdemeanor.
(1) (a) When an arrest is made without a warrant by a peace officer or private person, the person arrested shall be taken without unnecessary delay to the magistrate in the district court, the precinct of the county, or the municipality in which the offense occurred”
...
(4) Any officer or person violating this section is guilty of a class B misdemeanor.”
That is to say, if they don’t get him into a court, they are the ones violating Utah law. Three weeks is beyond necessary delay. Perhaps your legal research should extend beyond Wikipedia.
Heh....you’ve been watching Steins Gate, haven’t you?
No reflection in mirror, either...
So what? He may not be either. And if he was, they would have his fingerprints on file. Once he's been in the maximum amount for whatever he's charged in, they should let him go. I know it's the law, but the law is an ass.
(Who needs laws .... when this “feels” so right?)
Hm ... Maybe you should reread your tagline, too. Don’t you notice a tension between believing that ‘feelings’ of officials should take a back seat to actual laws, and then turning around and being O.K. with officials holding a guy until he submits?
Bumping this...
“illegal immigrants get out of jail once” (as long as they don’t identify themselves).
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I haven’t seen anyone claim that. Care to show me the post or are you just making stuff up again.
There are some people on this thread arguing that the man should be released because he is not obligated to identify himself. The illegal immigrant example is the consequence that would result.
#1, is there web access in that jail, and #2, has anyone seen Quix lately? ;’)
I think I’m going to watch “12 Monkeys” again.
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