Posted on Dec 8, 2017

Illegal Alien Taunts Family With Horrifying Court Room Statement After Raping Woman

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Sanctuary State Laws are 110% to blame for this. If they had released this POS into ICE custody, this wouldn’t have happened.

Illegal Alien Taunts Family With Horrifying Court Room Statement After Raping Woman

Posted from conservativetribune.com

Posted in these groups: Whitestag2576

Portland

Immigration U.S. Immigration and Customs Enforcement (ICE) Images9sh3pvxo

Sexual Assault Imgres

Law

Posted >1 y ago

Responses: 9

Capt Gregory Prickett

Posted >1 y ago

Absolutely incorrect. The sheriff's statement was that INS and the federal government had not issued a warrant for Sergio Jose Martinez's to be held or arrested, and that Martinez was released "consistent with the orders of the court."

All INS has to do is to get a judge to issue a warrant, just like every other law enforcement agency has to do. When I was a cop if I called the Federal Bureau of Prisons and asked them to notify me prior to release of one of their prisoners, and to then hold him for me until I got around to picking him up, the BOP would tell me (properly) to pound sand, that I needed to get a warrant.

The INS is no different. If they really want the Martinezes of the world, they can get a warrant.

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Capt Gregory Prickett

>1 y

Col Ray Bruneau - you don't get to hold someone on a detainer, unless you want to be liable for all civil damages for unlawful restraint. The feds won't indemnify you for holding someone on their detainer, either.

If INS wants the person held, they have to do the same thing every other law enforcement agency has to do, which is to obtain a warrant.

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Capt Gregory Prickett

>1 y

SSG William Bowen - #2 is patently illegal.

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Capt Gregory Prickett

>1 y

Col Ray Bruneau - you have to have more than mere suspicion. To hold someone in jail, you have to be able to show probable cause that the person committed an offense. The authority? The Fourth and Fifth Amendments to the Constitution of the United States, along with the Fourteenth Amendment. See United States v. Flores-Sandoval, 422 F.3d 711 (Fed. 8th Cir., 2005); see also Manuel v. City of Joliet, No. 14-9496, ___ U.S. ___ (2017).

Second, I am a lawyer and was a police officer for over 20 years, and what you "DO know" is incorrect. There is no legal requirement for any law enforcement officer or agency to notify INS of anything. There is a law that prohibits agencies from stopping officers from notifying INS, but that's it.

It's really not complicated. If INS wants an agency to hold the individual, they can get a warrant, just like everyone else has to do.

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Capt Gregory Prickett

>1 y

Cynthia Croft - it's not only the fear of litigation, but the fact that if they are found liable, the county or the city is responsible for any judgment. The feds won't pay a dime, even though the person was held on their request.

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