Ask and ye shall receive
Whoops, too late. Already reported
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Well, you know, the image of a father caring for a young child is an evolutionary indicator of reproductive fitness, so of course he wants to slap his ass. Probably right before putting on some Barry White and a low seductive walk over.
(sarcastic comment made with apologies to all the gay male population of BB, but man that just struck me as some serious repression. Hate someone, but want to touch their ass? Weird…)
You can sue them for wrongful imprisonment. It is a recognized civil tort.
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Here’s the only relevant NM statute I could find, seems to not apply in this case, a civilian citizen detaining a non-citizen for a non-felony:
31-4-14. Arrest without a warrant. (1937)
The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section [31-4-13 NMSA 1978]; and thereafter his answer shall be heard as if he had been arrested on a warrant.
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A couple of things that stood out for me in this article…
(Photo caption) United Constitutional Patriots members Jeff Allen, Jim Benvie, “Viper” and “Stinger” take a cigarette break while patrolling the U.S.-Mexico border in Sunland Park, New Mexico, last month.
Viper and Stinger? That’s fucking pathetic. G.I.Joe playtime should have ended in their youth.
According to the Southern Poverty Law Center, Hopkins has identified himself as the “national commander” of the UCP. According to court records, Hopkin has been convicted of felony firearm possession and impersonating an officer…
I wonder how many of these people are failed LEO candidates or less than honorable discharges playing out their tough guy fantasies.
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In civil rights issues, the US Constitution doesn’t really make a distinction between citizens and non-citizens. If you’re a person, you get the protections of the Constitution. So it really makes no difference if the people who were kidnapped are US citizens.
If that’s the only statute, then these trumpenhosen are screwed. Kidnapping at the minimum.
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That’s because the privileges or immunities clause is considered redundant.
Yep, I certainly didn’t mean to play into the Trumpian notion of non-citizens being akin to animals. More to make the point that it’s extremely murky legal territory for someone other than a peace officer to detain a foreign national on the fed’s behalf. Less citizen’s arrest, more citizen’s international treaty violation.
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(one of) the reasons larry hopkins is a felon was for posing as a special agent and letting some random kids at a gas station play with his unregistered gun.
they call each other “generals” – and i found this picture ( a dude from a different militia they work with )
it’s a whole crop of white guys who aren’t satisfied with more normal pastimes, like claiming they caught a 100lb trout. they gotta make up a whole new level of bs. to fool themselves into thinking they’re important i guess.
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If what really concerns you the most about this horrible development is the usual but unnecessary hyperbolic spin in the title, methinks that maybe its time to examine your priorities and core values.
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A fair number. It also includes those strongly encouraged not to re-up after their initial service, and those who feel slighted that they weren’t sent to combat service.
Others are wannabes who would never be able to hack basic training. They can’t even get hired by mercenary companies (which are a whole 'nother level of wrong). None of them should be allowed anything more dangerous than wet tissue. US gun laws allow them to stockpile military-style weapons. In this case it’s extremely lucky no one died.
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These vigilantes - all trump’s fault.
https://www.cnn.com/2019/04/20/us/border-militia-arrests/index.html
No. These groups have been around for a long time now. Trump has just given them more legitimacy and air then ever before.
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Sadly no; 45 just emboldened sadistic bigots who had already existed for ages.
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Yup. Leverage had a whole ep about these kinds of guys… And that’s way before Trumplestiltskin.
Live near any border and you know about them. Even accidentally cross the line (oh so easy to do) and they’re waiting to pounce.
Hell, Trump is the reason this got any airplay at all. The media is fixated on the border because of him. Otherwise it might have gone unnoticed. It’s also possible that they feel bold enough to alert the media themselves. But their existence and activities pre-date Trump by decades.
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Hm. Maybe an unexpected silver lining here, then, that the public knows more about these groups and that might force actual federal law enforcement to do something?
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Luckily you’re not a lawyer. Giving up the defense at the first obstacle. Also remember that New Mexico statute 31-4-14 is not an exhaustive list, and arrest without a warrant is already legal under federal law and common law. The statue clarifies, perhaps redundantly, that the 6th and 4th Amendment exist.
First remember that citizen’s arrest is established in all of the US as common law. Further clarification is done by many, but not all states. States that don’t define citizen’s arrest could very well fall under common law or federal guidelines depending on how it is charged by the DA and presented in a court.
I’m not a lawyer but I strongly urge everyone to never undertake a citizen’s arrest. While I believe that it can be done legally in most jurisdictions under some circumstances. And be legal I mean as in you won’t be committing a crime. The catch to all this is there is no apparent civil protection for a private individual, unlike the massive amount of liability protection afforded a police officer.
Citizens arrest is not the same as kidnapping. And I challenge anyone to find some cases where the definition of citizens arrest were met but a kidnapping conviction occurred. (circular, I know).
Is it kidnapping for a private person to detain another at the border? (Correct answer is: it depends).
Is it a crime to cross a border without a legal right do so? Yes. Visas and ports of entry exist for processing visitors. Anyone requesting asylum ought to be forgiven of any minor trespass or bureaucratic faux pas when they enter without filing the proper paperwork. Racists like to use the literal definition of law as an excuse for their racist choices. Unmask and expose these racists when you find them. (I think I made it clear with “legal right to do so”, which does not include those intending an asylum application. as a citizen I can’t enter my own country at an arbitrary location, force my way through or checkpoint, etc. lots of stuff is illegal in this world to varying degrees of severity.)
Should people lacking a bit of paperwork be attack by rabid idiots and wannabe soldiers that are (probably) racist? Hell no. There very few valid reasons to commit violence against another person. A good policy to have is to not hurt people, even if you think you might have some legal right to it. I believe the behavior of these border guerrillas is anti-social in an extreme way, even if some of their controversial behavior could be successfully defended in a courtroom.
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And you should also remember wrongful imprisonment is a civil tort in all 50 states. If you choose to make a “citizens arrest”, you open yourself wide open to civil liability should you be in any way incorrect.
The more likely result is that it becomes a wrongful imprisonment lawsuit.
The federal laws are very specific as to who can enforce laws concerning the border and immigration. ONLY those in federal law enforcement with the duty of handling such matters may make arrests for the violation of those laws. A “citizens arrest” here is completely illegal.Local and state law enforcement aren’t even allowed to handle such matters unless specifically granted explicit permission by the federal government.
Making any perceived legality of these wannabes a complete and utter fiction.
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