13-3884. Arrest by private person
A private person may make an arrest:13-3889. Method of arrest by private person1. 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.
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.
13-1304. Kidnapping; classification; consecutive sentence
A. A person commits kidnapping by knowingly restraining another person with the intent to:
1. Hold the victim for ransom, as a shield or hostage; or
2. Hold the victim for involuntary servitude; or
3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or
4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or such third person.
5. Interfere with the performance of a governmental or political function.
6. Seize or exercise control over any airplane, train, bus, ship or other vehicle.
B. Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest and prior to accomplishing any of the further enumerated offenses in subsection A of this section in which case it is a class 4 felony. If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony. If the victim is under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section 13-604.01. The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant.
The only elements that are plausable in this situation are #4 and #5, #4 in the case of threatening physical harm in order to effect the arrest and #5 with respect to the border patrol's governmental function.
The Federal kidnapping statute, due to Constitutional limits, only obtains in certain jurisdictions - if the victim is "transported in interstate or foreign commerce," in the special maritime and territorial or special aircraft jurisdictions of the United States, or if the victim is a foreign official.
Thanks for cross-checking the reference I provided, against the actual Arizona statutes involved. Looks like it says the same thing. You not only are allowed to transport the prisoner, you "shall" (must). In other words, you were required to transport the prisoner as a matter of law.
Be sure to keep us posted (using your new ping list) as to the disposition of this case. Freepmail me if you have any private questions about the things I posted here tonight.
Regards,
Boot Hill
What galls me is the INS has the nerve to tell Tom Tancredo that they don't have the resources to deport that illegal punk, Apodaca and his family, but they can find all kinds of money to harass an American citizen that's guilty of trying to protect his own property.