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To: Poohbah
The predictable reply.

Obviously not. But the fact that they were crossing illegally in the first place is reasonable suspicion of the possibility that it was not their first offense.

And anyway, the point is: you made the blanket assertion that crossing the border illegally is a misdemeanor - without the qualifier of first offense only.

26 posted on 10/09/2003 4:34:06 PM PDT by Regulator (TOMBOT - Proud of it)
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To: Regulator; Poohbah

Actually you are wrong. A subsequent offence is not automatically prosecuted as a felony. It is up to the discretion of the prosecutor's office.

27 posted on 10/09/2003 4:39:52 PM PDT by Cultural Jihad
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To: Regulator
The predictable reply.

Obviously not. But the fact that they were crossing illegally in the first place is reasonable suspicion of the possibility that it was not their first offense.

Actually, it isn't. "Reasonable suspicion" extends only to the specific act in question. Otherwise, one could detain anyone on any grounds whatsoever--if you make enough leaps of logic, you will magically have "reasonable suspicion" of SOME felony, SOMEWHERE.

Again, please note: they did not actually SEE the crossing event, they only SUSPECTED that these people were crossing the border. It was not an established fact at that point.

And anyway, the point is: you made the blanket assertion that crossing the border illegally is a misdemeanor - without the qualifier of first offense only.

I said "in and of itself." The things that make it a felony are qualifications on the basic charge that must be established as fact prior to making a citizen's arrest.

30 posted on 10/09/2003 4:47:48 PM PDT by Poohbah ("[Expletive deleted] 'em if they can't take a joke!" -- Major Vic Deakins, USAF)
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To: Regulator
I think it's a safe bet that the coyote had made it across the border more than one time....
I'd also think that conspiracy would get in there as a logical consideration...a dozen people do not just meet on the south side of the river and decide to go hiking together on a whim.

And, to #25: I've seen at least one pretty violent bust for parking in a handicapped space - you'd be surprised at how irate someone permanently on crutches can get.
90 posted on 10/10/2003 6:50:41 AM PDT by norton
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