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 ?
That means the Trump executive order would not apply to communities that refuse to comply with detainers, so most places considered sanctuary cities would still be eligible for the Justice Department grants.
Detainers and primary/secondary jurisdiction matters, along with tracking offenders, also come into play when offenders serve multiple sentences in different jurisdictions, and those sentences can be easily overlooked.
First, the court determined that detainers were not mandatory.
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.
The use of detainers to acquire custody of aliens would be substantially restricted; instead, state or local entities would generally be requested to simply notify ICE when they intended to release an alien whom ICE had targeted for removal.
Local law enforcement agencies declined 8,800 such requests, also known as detainers, during the same period.
Detainers allowed state and local police to initiate immigration enforcement by requesting authorization to hold a non-citizen suspected of unlawful drug activity until immigration agents took custody.
Matters include contract disputes, commercial and residential foreclosures, and real estate related actions such as lease terminations, unlawful detainers, and broker commission disputes.
The subsequent litigation between Pleau, Chafee, and the United States revealed a conflict between two procedural mechanisms--the Interstate Agreement on Detainers Act (IAD) and the writ of habeas corpus ad prosequendum--that had been simmering for decades.
The bills ban the city from honoring detainers except in limited circumstances.
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.