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

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 ?
"Barely a week earlier, he had been booked into jail on similar charges, allegedly against the same victim, and released on bond after the detainer was issued," the newspaper reported.
Detainer requests are not warrants though they are often labeled that way, he said, and they are not signed by a judge and not enough for a state agency to hold someone otherwise free to leave.
Pursuant to ICE policy, all ICE detainers are submitted with an accompanying administrative arrest warrant or warrant of removal depending upon the circumstances of the individual case.
probable cause before complying with detainers or other requests to
In 2014, the ACLU-MNnotified all county sheriffs that when they hold a prisoner on the basis of ICE detainer requests, they are making a new arrest, without legal authority.
programs at the Migration Policy Institute, said the Travis County numbers were likely the result of Sheriff Sally Hernandez's policy in 2017 to only comply with ICE detainers on a very limited basis.
It also holds that the LASD unconstitutionally incarcerated thousands of individuals with low bail amounts who would not even have been booked into jail if it were not for unconstitutional immigration detainers. Based on this decision, members of both classes may be entitled to monetary damages.
In his pro se appeal, Dearborn asserts that his continued detention at the Fulton County Jail after his federal resentencing violated his right to due process and the Interstate Agreement on Detainers, 1 U.S.C.
Over the 19-month period from January 1, 2014, to September 30, 2015, reports an immigration-restriction think tank called the Center for Immigration Studies, more than 17,000 detainers were rejected by these jurisdictions.
Other areas that can cause problems are detainers and primary/secondary jurisdiction.
Under PEP, immigration detainers are no longer mandatory orders for nonfederal authorities to hold noncitizens until ICE takes custody.
"To better inform the public regarding the public safety threats associated with sanctuary jurisdictions, the Secretary shall utilize the Declined Detainer Outcome Report or its equivalent and, on a weekly basis, make public a comprehensive list of criminal actions committed by aliens and any jurisdiction that ignored or otherwise failed to honor any detainers with respect to such aliens," (https://www.whitehouse.gov/the-press-office/2017/01/25/presidential-executive-order-enhancing-public-safety-interior-united) the order read.