detainer

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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 ?
She told reporters earlier in the day that she hasn't refused any federal detainers, and the issue was misunderstood.
It is so because now the Riker's will honor ICE detainer only if (1) ICE provides a judicial warrant as to probable cause, and (2) the individual in question has been convicted of a violent or serious felony within the last five years, or is a possible match on the terrorist watch list.
Colorado stopped honoring detainers earlier this year, and New York City is considering doing the same.
154) The two most common abuses occur when ICE issues detainers without an initiating request from the local law enforcement officials, and when ICE is lodging detainers upon individuals who have not been arrested for controlled substance offences.
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.
He was arrested by the Israeli occupation in June 2011 and has remained in detention until he was sentenced to imprisonment, raising the number of Golan prisoners to 13, in addition to 15 detainers since the events of last year.
31, immigration detainers were issued for 342 inmates among the daily average population of about 9,000 at Cook County Jail, shows a Chicago Reporter analysis of Cook County inmate reports.
As well, those with detainers from ICE, meaning they are subject to deportation by Immigration and Customs Enforcement, jumped from 680 to 1,500, the paper reported.
Qing claimed Ai told her that his detainers were taking good care of him, and he was healthy, Ge added.
The current use of immigration detainers by immigration law enforcement authorities conflates civil and criminal authority to arrest and detain individuals, and increasingly results in criminal law enforcement officials violating Due Process guarantees.
In addition, Immigration and Customs Enforcement, better known as ICE, can place detainers on immigrants in jails and prisons, even those still awaiting a hearing or trial.
2 billion dollars in nearly 50 mine-affected countries and regions for: clearance of mines and explosive remnants of war (most of which are of foreign origin); mine risk education; survivors assistance; landmine surveys; research and development on better ways to detect and clear mines; training foreign detainers and mine action managers; and destroying at-risk stocks of arms and munitions.