You have to "witness" the crime to make a citizen's arrest. He didn't see them come over the border, so he had no right to do that, regardless of how obvious it is that they had infact committed a crime.
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What are your thoughts on the new minuteman border patrol?
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W, because its only a misdemeanor, I suspect.
But, I guess his best defense is that he was near the border, heard them speak Spanish and act in a supicious manner.
Still, though, the result in this case is just a bit bizzare.http://tools.wikimedia.de/~gmaxwell/jorbis/JOrbisPlayer.php?path=John+Williams+The+Imperial+M arch+from+The+Empire+Strikes+Back.ogg&wiki=en
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Originally posted by Lancer
He had no right to report suspicious activity? If you call a cop you might get arrested?
*Note to self, move to the Philippines.http://tools.wikimedia.de/~gmaxwell/jorbis/JOrbisPlayer.php?path=John+Williams+The+Imperial+M arch+from+The+Empire+Strikes+Back.ogg&wiki=en
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"no he detained them."
He's a soldier, they are foreign nationals. He was stopping an invasion.
Actually it might not be a bad defense. Soldiers are supposed to do stuff like that. I know, I was one a million years ago. When unarmed East Germans came over the border, if they survived the farewell (hail of bullets, minefields, etc) of their commie countrymen, we were supposed to detain them for the Germans.Long time member @ Apolyton
Civilization player since the dawn of time
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"Even if it was a crime to arrest the illegals, I would have not filed charges if I were the DA. They are making an example of this soldier."
Hell of a time to make an example of a soldier.
Anyone know his name? I want to put 'Free Whatshisname' in my sig.Long time member @ Apolyton
Civilization player since the dawn of time
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Soldier Detains Illegal Aliens; Gets Arrested
by
James Buchanan
An Associated Press article (Ref. 1) reports "An Army reservist was arrested on charges of holding seven Mexicans at gunpoint at a rest stop in southern Arizona, where civilian efforts to watch for illegal immigrants have raised fears of vigilante violence. Sgt. Patrick Haab, 24, was apparently acting alone and not involved with the Minuteman Project, which has organized volunteers for a monthlong effort to watch for immigrants and drug smugglers along the border. Officials said Haab used his vehicle to stop the seven men from driving away from an interstate rest stop Sunday... Sheriff Joe Arpaio said. 'He did not have the right to do what he did. How did he know they were illegal aliens?' "
Sergeant Patrick Haab had been serving in Iraq. He came home, saw illegal aliens sneaking into his home state and did something about it. Naturally he was punished. The local sheriff claims that the soldier didn't have "probable cause" to detain those Mexicans. Well, they all turned out to be undocumented aliens. Maybe the sheriff should take lessons from that soldier in spotting illegals.
Government officials keep telling us to do nothing and let "the authorities" handle the border. The border patrol has been deliberately underfunded so that it can't secure the border, and Congress refuses to build a wall or fence along the entire border to make crossing more difficult. The criticism of the Minuteman volunteers is completely shameless, considering that these elected officials refuse to uphold immigration law, which is one of the duties they assumed when they took an oath of office.
The two-pary politicial hacks have allowed millions of Mexicans to sneak across thanks to their deliberate neglect. The Democrats see the Mexicans as future voters and the Republicans are whores for big business, which wants an endless supply of low wage labor. Every citizen however has the right to make a citizen's arrest. If Sergeant Haab is put on trial for detaining illegals, he should ask for a jury trial since ordinary Americans are unlikely to him to jail.
If Patrick Haab didn't detain the illegals, the border patrol would have done nothing and never caught them. Our federal government only makes a token effort at watching the border. After all, Dubya is an open borders kind of guy. He wouldn't want to offend his buddy Vincente Fox.
1).Army Reservist Charged in Border Detention
http://tools.wikimedia.de/~gmaxwell/jorbis/JOrbisPlayer.php?path=John+Williams+The+Imperial+M arch+from+The+Empire+Strikes+Back.ogg&wiki=en
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This thread is full of some of the most loathsome aspects of modern America.12-17-10 Mohamed Bouazizi NEVER FORGET
Stadtluft Macht Frei
Killing it is the new killing it
Ultima Ratio Regum
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It looks like the stories are painting a one-sided, propaganda-filled, version of the events. Haab simply stopped to let his dog take a leak at a rest stop near the border and was then surrounded by the illegals who came out of a dark field (it was night, IIRC) speaking spanish. He detained them and called 911.
It is interesting that the vigilantes are calling for Haab's head.http://tools.wikimedia.de/~gmaxwell/jorbis/JOrbisPlayer.php?path=John+Williams+The+Imperial+M arch+from+The+Empire+Strikes+Back.ogg&wiki=en
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Just for the record, I'm all for letting more people into our country, just do it legally. On the other hand, if I was a poor Mexican and had a hungry family to feed, I'd feed em. If that meant crossing into the US illegally and picking fruit for a dollar an hour, so be it. The problem is the system. We need to document these workers and get them a fair wage and paying taxes for the services they use. Also, like with the nurses we need to let American's get first dibs on those jobs. If there is a shortage of nurses the INS lets nurses in. Well, if Americans don't want to pick fruit, and I'm sure most don't, then let Mexicans in...at minimum wage with protection from abuses.Long time member @ Apolyton
Civilization player since the dawn of time
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But you're all for letting some jackass with a gun detain anybody he sees speaking Spanish?
**** that. String him up for false imprisonment, menacing and assault with a deadly weapon.12-17-10 Mohamed Bouazizi NEVER FORGET
Stadtluft Macht Frei
Killing it is the new killing it
Ultima Ratio Regum
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Originally posted by KrazyHorse
But you're all for letting some jackass with a gun detain anybody he sees speaking Spanish?
**** that. String him up for false imprisonment, menacing and assault with a deadly weapon.
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# Law.
1. An unlawful threat or attempt to do bodily injury to another.
2. The act or an instance of unlawfully threatening or attempting to injure another.
Assault doesn't mean that he fired the gun. Assault means he brandished it.12-17-10 Mohamed Bouazizi NEVER FORGET
Stadtluft Macht Frei
Killing it is the new killing it
Ultima Ratio Regum
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Legal Dictionary
men·ace1 (`me-nəs)
n.
1. A show of an intention to inflict esp. physical harm (accomplished against a person's will by means of force,…menace, or fear of immediate and unlawful bodily injury - California Penal Code)
2. One who represents a threat12-17-10 Mohamed Bouazizi NEVER FORGET
Stadtluft Macht Frei
Killing it is the new killing it
Ultima Ratio Regum
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