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Very Hot Topic (More than 25 Replies) Armed Militia Detain Migrants At US-Mexico Border - Is It Lawful? (Read 2112 times)
SkyChief
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Armed Militia Detain Migrants At US-Mexico Border - Is It Lawful?
Apr 19th, 2019 at 12:30pm
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The ACLU is calling the detention a ‘kidnapping’ and a flagrant violation of the law.   But is it really?  Or is this just more neo-liberal hyperbole?

Some videos taken at New Mexico's border this week appeared to show men belonging to a group that calls itself the United Constitutional Patriots approaching migrant families and children, ordering them to sit down, calling federal agents on them, and at one point potentially misrepresenting themselves by saying “border patrol”

“The Trump administration’s vile racism has emboldened white nationalists and fascists to flagrantly violate the law.”  (New Mexico) ACLU

https://www.theguardian.com/us-news/2019/apr/18/new-mexico-migrants-armed-militi...

In some scenarios, the Law makes allowances for a private citizen to make an arrest.

Not surprisingly, this is called a "Citizen's Arrest".   But there are certain conditions that must be present for a Citizen's Arrest to legally happen.

The main condition is that the civilian making the arrest must have reason to believe that the person they are arresting has committed a felony.   This is very important, because if they arrest or detain for reasons other than a felony, the person being arrested can file a "false arrest" lawsuit, which will likely prevail in a court of Law.

Are the migrants committing a felony?   No.   Therefore, the arrests/detentions of migrants are unlawful under Citizen's Arrest protocols.  (IMO).
  
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Jeff
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Re: Armed Militia Detain Migrants At US-Mexico Border - Is It Lawful?
Reply #1 - Apr 19th, 2019 at 3:25pm
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SkyChief wrote on Apr 19th, 2019 at 12:30pm:
In some scenarios, the Law makes allowances for a private citizen to make an arrest.
You have it backwards Chief. Citizens have an inherent natural right to arrest aggressors.

The citizens have laid out some parameters for our professional law enforcers to follow when they make arrests for us.
  

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kaz
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Re: Armed Militia Detain Migrants At US-Mexico Border - Is It Lawful?
Reply #2 - Apr 19th, 2019 at 4:10pm
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Jeff wrote on Apr 19th, 2019 at 3:25pm:
You have it backwards Chief. Citizens have an inherent natural right to arrest aggressors.

The citizens have laid out some parameters for our professional law enforcers to follow when they make arrests for us.


I agree with your analysis on legality.  But isn't it pathetic that the government will fight Americans trying to do government's job it isn't doing but government won't do it's job and keep illegal aliens from invading the country?

It's time to dispose of the government we have.  It's broken beyond fixing
  

Contest winner:  I predicted Kaz' meltdown
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SkyChief
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Re: Armed Militia Detain Migrants At US-Mexico Border - Is It Lawful?
Reply #3 - Apr 19th, 2019 at 4:19pm
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Jeff wrote on Apr 19th, 2019 at 3:25pm:
You have it backwards Chief. Citizens have an inherent natural right to arrest aggressors.

The citizens have laid out some parameters for our professional law enforcers to follow when they make arrests for us.
Very well.   In New Mexico, do the United Constitutional Patriots have legal grounds to detain the migrants, or are they operating outside of the law?

kaz wrote on Apr 19th, 2019 at 4:10pm:
It's time to dispose of the government we have.  It's broken beyond fixing

Sadly, I must agree.   It will be bloodbath, but we badly need a reset.
  
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Jeff
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Re: Armed Militia Detain Migrants At US-Mexico Border - Is It Lawful?
Reply #4 - Apr 19th, 2019 at 4:32pm
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SkyChief wrote on Apr 19th, 2019 at 4:19pm:
Very well.   In New Mexico, do the United Constitutional Patriots have legal grounds to detain the migrants, or are they operating outside of the law?
Why would they not have the natural right to arrest wrongdoers? To stop crimes in process by arresting the perpetrators?
  

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Jeff
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Re: Armed Militia Detain Migrants At US-Mexico Border - Is It Lawful?
Reply #5 - Apr 19th, 2019 at 4:34pm
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SkyChief wrote on Apr 19th, 2019 at 4:19pm:
It will be bloodbath, but we badly need a reset.
You can't think of any way to improve things other than starting with a bloodbath?

Are you advocating a bloodbath?

Edit: Say, are you one of those Twelvers?

https://en.wikipedia.org/wiki/Twelver
  

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SkyChief
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Re: Armed Militia Detain Migrants At US-Mexico Border - Is It Lawful?
Reply #6 - Apr 19th, 2019 at 6:02pm
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Jeff wrote on Apr 19th, 2019 at 4:34pm:
You can't think of any way to improve things other than starting with a bloodbath?

Are you advocating a bloodbath?
Not advocating. . .  just predicting.  The elites in power will fight to the death in order to keep their power.

Jeff wrote on Apr 19th, 2019 at 4:34pm:
Edit: Say, are you one of those Twelvers?
Me an imam?    I should think NOT!   

Spiritually speaking, I'm as far away from an imam as one could possibly be.  Wink
  
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Jeff
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Re: Armed Militia Detain Migrants At US-Mexico Border - Is It Lawful?
Reply #7 - Apr 19th, 2019 at 6:09pm
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SkyChief wrote on Apr 19th, 2019 at 6:02pm:
Not advocating. . .  just predicting.  The elites in power will fight to the death in order to keep their power.
Wow! Which elites do you think will win?

My prediction is that they will all go down.

Since that seems inevitable, why not hang a few of them first and avoid the bloodbath?


  

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Jeff
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Re: Armed Militia Detain Migrants At US-Mexico Border - Is It Lawful?
Reply #8 - Apr 19th, 2019 at 6:13pm
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SkyChief wrote on Apr 19th, 2019 at 6:02pm:
Me an imam?    I should think NOT!   

You knew that Ayatollah was the equivalent of Cardinal in the Church of the Eye of God... Are you saying your entire expressed desire to be a Cardinal was based on your personal greed and lust for power?

Send a check quickly you nasty deceiver... Angry
  

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SkyChief
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Re: Armed Militia Detain Migrants At US-Mexico Border - Is It Lawful?
Reply #9 - Apr 19th, 2019 at 7:38pm
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Jeff wrote on Apr 19th, 2019 at 6:13pm:
You knew that Ayatollah was the equivalent of Cardinal in the Church of the Eye of God... Are you saying your entire expressed desire to be a Cardinal was based on your personal greed and lust for power?

Nah - it was the hat bejeweled with sapphires, rubies and diamonds that interested me.

So cool!   Smiley
  
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