detainer


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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 ?
A separate panel of judges ruled in September that the detainer provision could stand until a final determination was made.
Naturally, in her unlawful detainer complaint, Yolly alleged that she is the registered owner of the disputed property, and that Ed pre-signed the same before he left to work abroad.
T]he Department of Homeland Security recently issued a report showing that in a single week, there were more than 200 instances of jurisdictions refusing to honor Immigration and Customs Enforcement detainer requests with respect to individuals charged or convicted of a serious crime" Sessions said in a speech earlier this year.
PEP ushered in changes in the detainer form's language that further corroborate the intention to temporally limit mandatory detention.
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.
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.
The agency's solution was an expansive interpretation of the detainer authority.
Vargas has not previously been arrested by (Immigration and Customs Enforcement) nor has the agency ever issued a detainer on him or encountered him," the statement said.
A detainer is a document that prosecutors and law enforcement officials use to request custody of a prisoner upon the prisoner's release from a penal institution in another jurisdiction.
The detainer is a request to hold the patient until he or she can be taken into custody by ICE.
parole detainer, transferred to a house of correction, or
Judge James C England recognised the affidavit in the federal complaint and an immigration detainer.