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To: Spiff; lelio
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

21 posted on 10/11/2002 4:53:49 PM PDT by Boot Hill
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To: Boot Hill
Yow. Now there's a real solution.
25 posted on 10/11/2002 5:27:38 PM PDT by Regulator
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To: Boot Hill
Thanks for the hope, Boot Hill. Does anyone have a connection to the American Center for Law and Justice? They win cases and support citizen vs. tyranny causes.
48 posted on 10/11/2002 8:02:10 PM PDT by brat
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To: Boot Hill
From Arizona Revised Statutes:

13-3884. Arrest by private person

A private person may make an arrest:

1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.

2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.

13-3889. Method of arrest by private person

A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest.

13-3900. Duty of private person after making arrest

A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who shall without unnecessary delay take him before such magistrate. The private person or officer so taking the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested. If, however, the officer cannot make the complaint, the private person who delivered the person arrested to the officer shall accompany the officer before the magistrate and shall make to the magistrate the complaint against the person arrested.

62 posted on 10/11/2002 9:24:19 PM PDT by Spiff
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