The right to keep a person, or a person's goods or property, against his will. A type of custody.
one who detains
the keeping possession of what belongs to another; detention of what is another's, even though the original taking may have been lawful. Forcible detainer is indictable at common law
a writ authorizing the keeper of a prison to continue to keep a person in custody
Detainer; in law, the act of keeping a person against his will, or the wrongful keeping of a person's goods, or other real or personal property. A writ of detainer was a form for the beginning of a personal action against a person already lodged within the walls of a prison; it was superseded by the Judgment Act 1838. A detainer in the context of criminal law is 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. The Supreme Court of the United States has held that the Interstate Agreement on Detainers Act allows for a trial of any untried indictment, information, or complaint within 180 days. However, the prisoner needs to enter a request for final disposition to begin the clock. The U.S. Marshals are given the power to issue writs of detainers in 28 U.S.C. 566, which is how the federal government interacts with the states to retrieve someone in state prison. In Carchman v. Nash, the Supreme Court held that a probation revocation is not an "untried indictment, information or complaint" and therefore is not controlled by the Interstate Agreement on Detainer Act's 180 day provision. It also made it clear that a case that where a sentence has already been imposed against the prisoner is not under the 180 day restriction. Unfortunately, this often creates loopholes, where a proceeding still needs to go on in the case with the detainer, but the defendant has already pled guilty, and is not eligible to receive a final disposition in the case until his original period of incarceration is over. This creates a situation that is the opposite of what the Interstate Agreement was intended to do:
The numerical value of detainer in Chaldean Numerology is: 9
The numerical value of detainer in Pythagorean Numerology is: 4
Sample Sentences & Example Usage
The local detectives asked ICE five times for a detainer on Eswin Mejia, but ICE said that he was not a priority for enforcement because he had not been convicted of a serious crime, he was released on bail and disappeared, and is now on ICE’s most wanted list. It was a major scandal for ICE.
I was proud last night to sign this law ... What it means is that no county, no city, no governmental body in the state of Texas can adopt any policy that provides sanctuary, and second, what it means, is that law enforcement officials, such as sheriffs, are going to be required to comply with ICE detainer requests.
I can state with absolute certainty that no decision has been made regarding the immigration status of Joe Giudice, the same immigration detainer that was lodged against him in March of 2016 remains in place today, but I want to be absolutely clear about this, no judicial authority has made any decision regarding what will happen with that detainer.
Our nation has a proud history of immigration, but we are also a nation governed by laws specifically designed to protect its citizens and residents. ERO deportation officers are committed to enforcing the immigration laws set forth by our legislators, of those arrested during this operation, nine were released from New York custody with an active detainer, which poses an increased risk to the officers and the community.
When jurisdictions choose to return criminal aliens to the streets rather than turning them over to federal immigration authorities, they put the public’s safety at risk. San Francisco’s decision to protect criminal aliens led to the preventable and heartbreaking death of Kate Steinle, while the State of California sought a murder charge for the man who caused Ms. Steinle’s death—a man who would not have been on the streets of San Francisco if the city simply honored an ICE detainer—the people ultimately convicted him of felon in possession of a firearm.
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