detainer


Also found in: Dictionary, Wikipedia.
Related to detainer: Unlawful detainer

Detainer

The act (or the juridical fact) of withholding from a lawfully entitled person the possession of land or goods, or the restraint of a person's personal liberty against his or her will; detention. The wrongful keeping of a person's goods is called an Unlawful Detainer although the original taking may have been lawful.

A request filed by a criminal justice agency with the institution in which a prisoner is incarcerated asking the institution either to hold the prisoner for the agency or to notify the agency when release of the prisoner is imminent.

detainer

noun detainment, illegal custody, illegal detention, illegal restraint, illegal withholding, unlawful deeention, unlawful restriction, unlawful retention, wrongful impoundment, wrongful keeping

detainer

the wrongful withholding of the property of another person; the detention of a person in custody or a writ authorizing the further detention of a person already in custody.

DETAINER. 1. The act of keeping a person against his will, or of keeping goods or property. All illegal detainers of the person amount to false imprisonment, and may be remedied by habeas corpus.
     2.-2. A detainer or detention of goods is either lawful or unlawful; when lawful, the party having possession of them cannot be deprived of it. The detention may be unlawful, although the original taking was lawful; as when goods were distrained for rent, and the rent was afterwards paid; or when they 'Were pledged, and the money borrowed, and interest were afterwards paid; in these, and the like cases, the owner should make a demand, (q.v.) and if the possessor refuse to restore them, trover, detinue, or replevin will lie, at the option of the plaintiff.
     3.-3. There may also be a detainer of land and this is either lawful and peaceable, or unlawful and forcible. 1. The detainer is lawful where the entry has been lawful, and the estate is held by virtue of some right. 2. It is unlawful and forcible, where the entry has been unlawful, and with force, and it is retained, by force, against right; or even when the entry has been peaceable and lawful, if the detainer be by force, and against right; as, if a tenant at will should detain with force, after the will has determined, he will be guilty of a forcible detainer. Hawk. P. C. ch. 64, s. 22; 2 Chit. Pr. 288; Com. Dig, B. 2; 8 Cowen, 216; 1 Hall, 240; 4 John. 198; 4 Bibb, 501. A forcible detainer is a distinct offence from a forcible entry. 8 Cowen, 216. See Forcible entry and detainer.
     4.-4. A writ or instrument, issued or made by a competent officer, authorizing the keeper of a prison to keep in his custody a person therein named. A detainer may be lodged against. one within the walls of a prison, on what account soever he is there. Com. Dig. Process, E 3 b.

References in periodicals archive ?
Immigration was thrust back into the spotlight last month after Dallas County Sheriff Lupe Valdez, a Democrat, announced she was going to honor requests from Immigration and Customs Enforcement to hold inmates, known as ICE detainers, on a case-by-case basis.
Some jurisdictions already opined that state detention facilities were without power to enforce ICE detainers, and to hold a person after the State judge's order's expiration time is in violation of the person's rights.
Inpatient psychiatrists should be aware that this detainer is not binding.
The statute limits application of the detainer to controlled substance suspects.
The federal program that issues these detainers has a very valid core premise, and that is that you should use the power of the government and the power of the enforcement of immigration to keep and increase public safety, and you should do that by targeting those most serious and violent criminals," Beck told reporters on Thursday.
parole detainer, transferred to a house of correction, or
Before the filing of a special detainer [section] action, the rental agreement shall be 33-1368 (B) reinstated if the tenant tenders all past-due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement.
Judge James C England recognised the affidavit in the federal complaint and an immigration detainer.
4 alleging unlawful detainer and breach of contract on its three-year lease.
Onyango Obama was arrested and charged with drunken driving in Massachusetts last week and is being held on an immigration detainer.
20) That same day the Jefferson County Jail received an immigration detainer stating that Mr.
Last month, a judge issued an unlawful detainer and ordered her to vacate her two-bedroom townhouse where she was living with one of her two grown sons, his wife and their young daughter.