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E.D.N.C.: Detaining suspected illegal alien until ICE could arrive not unreasonable

By John Wesley Hall, Jr.

Detention of suspected illegal alien until ICE officer to could arrive was not unreasonable. United States v. Nunez-Betancourt, 2010 U.S. Dist. LEXIS 141037 (E.D. N.C. November 15, 2010), R&R adopted, 2011 U.S. Dist. LEXIS 11361 (E.D. N.C. February 3, 2011): Defendant contends, however, the officers had no authority to detain him on suspicion of being an illegal alien because the officers were not federal actors and could not enforce federal immigration law. Assuming without deciding the officers had no authority to arrest Defendant on immigration charges, there is nothing in the statutes or case law cited by Defendant to suggest state officers have no authority to temporarily detain persons reasonably suspected of federal law violations...continue to full post

Full post as published by Fourth Amendment on February 10, 2011 (boomark / email).