Posted on 10/11/2002 3:18:30 PM PDT by Spiff
If the feds try to turn the transporting of illegal aliens, pursuant to a lawful "citizen's arrest", into an act of kidnapping, then you are probably covered by state law (state law will prevail here). Each state's code is slightly different, but I post the relevant California Penal Code provision below by way of an example of what's typical.
"A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him or her to a peace officer." -- California Penal Code §847 (in relevant part)Notice that the arresting party is authorized to transport said prisoners. In fact, it would be impossible to make a citizen's arrest without such a provision.
If they want to play stupid harassment games and follow through on the kidnapping arrest, then turn it around on the SOB's and file a Title 42 Civil Rights action (42 USC §1981, et al.) against them. Then, you can sue not only the agents and superiors involved, in their official capacity, but you can also sue them in their private capacity. IOW, you can go after their homes, 401K's, cars, etc. and tie them up for years. That should get their attention and deliver the appropriate message.
Please include me in your ping list of persons to be kept updated on this issue.
Regards,
Boot Hill
[Washington Times] Border rancher fights to stem flood of aliens
Vigilante or Minuteman? Rancher goes high-tech to nab immigrants, smugglers
[USA Today] Armed rancher acts as one-man border
[AZ Daily Star] AZ RANCHER A VICTIM OF MASSIVE ILLEGAL IMMIGRATION
But I agree that there are lot of people, especially those who are linked to Mexican crime families in Sonora, who would be working to get him gone, and they may have their hooks into the PHX office of the FBI. If that's true (why not? they've corrupted plenty of the Customs people at the border), it's terrifying. But believable.
In order for Roger Barnett to avail himself of the protections offered in state code for a citizen's arrest, it's not necessary for Roger to have even specifically informed the illegal aliens, at the time of their detention, that he was arresting them. The detention itself was a de facto arrest.
But Roger should be made aware that if he is arrested, that his house will probably be searched, pursuant to that arrest, and you can bet they will take his computer hard drive as possibly containing "evidence". His HD will contain all the names and addresses of everyone else involved with Roger in regards to protecting the border. It will also include information about what Roger and others are doing, have done are and planning to do. Even if the search is later tossed on 4th Amendment grounds and the HD returned, all that info will remain in the hands of the feds. Bad news. In fact, this may be what is really behind the arrest in the first place.
First, make a back up of all critical user data files on a CD-RW and put that someplace "very secure". Second, re-route the power and data cables for the hard drive through the side of the computer so that your HD is now outside your computer and in plain sight. Place a large hammer next to the HD. When they come through the door, administer several severe whacks to the HD. Replacement HD's can be had for $100. After they've left, reload the new HD with your program disks and then your CD-RW backup disk containing your user files and you're back in business. Pain in the neck? Yes, but better than the alternative.
The Army uses thermite pyrotechnics to accomplish the same thing, but wives get real fussy about the use of such devices inside the house. Go figure.
Regards,
Boot Hill
Fox and others, on his side and opposing him, might enjoy such a huge stumble.
The law does give a citizen the right to restrain and deliver a law breaker regardless of the law breaker's current status as protected alien species.
Until proven wrong, I'll stick with the view that this is bogus.
"SPECIAL ALERT'
Reminds me too much of the 'get 'em while they last' pop-ups that drive me nuts on the internet.
Are you calling my friend a liar!?
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