Do You Have a Warrant?

We have heard, over and over again, how some scum was released back into society to do more evil.

In my opinion, the worst of these is when a criminal alien is released into society when the authorities know he has a detainer. Why would anybody allow someone who was picked up for a crime to be released to commit more crimes when they can have them removed from the country?

The answer is partially word games and partially legal games.

A detainer is a warrant, of sorts. It is a warrant issued by an administrative judge, not a part of the judiciary.

We have been taught that the police are not allowed to enter your home without a warrant. In some cases, they can’t enter your house, even if they have a warrant.

Sanctuary cities and states have been using this to allow criminals to roam our streets freely.

If the locals are doing their jobs correctly, they should do a search for warrants on anybody they arrest. This will pick up both judicial and administrative warrants. If warrants exist, that person should not be released until those warrants are cleared.

In sanctuary locations, the locals have not been informing ICE when they have a criminal alien in custody.

This means that ICE needs to look through the records of everyone who is taken into custody, searching for people with warrants. If they find a person with an outstanding warrant, they must pick them up before they are released.

If there are only administrative warrants, ICE is restricted on what they can do.

They cannot enter non-public locations to detain a criminal alien.

They can arrest the criminal alien if they are in a public location. Thus, they could pick them up while they are shopping or driving around. They can detain them at work, if they have permission of the owner to enter the non-public locations, or if the criminal alien encounters them in a public location.

In other words, a criminal alien can hide at work or home. If they leave the protection of those non-public locations, they can be detained.

On the other hand, if they have a judicial arrest warrant, they can go into non-public locations to affect the arrest.

That warrant allows them to enter the home or apartment of the criminal alien, if that alien is legally the homeowner or lessee. They cannot enter a third party’s dwelling with an arrest warrant.

A judicial arrest warrant allows them the legal authority to enter some non-public areas, such as jails, prisons, and courtrooms.

In addition, if they can get a search warrant for the criminal alien, that warrant will name the location where they can enter without permission to search for the criminal alien. If they find them, they can then arrest them with an arrest warrant.

ICE and the rest of the feds are now getting judicial warrants as well as the administrative warrants. This allows them to arrest criminal aliens, regardless of the “sanctuary” status.

More progress.