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  1. #1
    Danny 20720 is offline Junior Member
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    NY State procedures for citizens arrest?

    I'm in MD but this action would take place in NY State

    About 3 weeks ago, I received information about a female from another country that was in the US with a fake foreign passport containing a fake US VISA and is also in possession of a fake Canadian passport and other fake ID documents. 2 weeks ago, I received one of her two addresses and reported her to ICE. An investigator took all the information and said he would hand it off to someone else to check into. I can understand they need to verify some of the information I gave them before they expend scarce resources to pursue this individual. This woman is currently in the State of New York.

    I have some personal issues with this woman and that is one of the reasons I reported her. Now I have been told by someone familiar with ICE that they almost always disregard information like this when they believe there is a reason of personal retribution involved. I also know ICE is buried with the task of apprehending people like this.

    I am receiving information as to her whereabouts by a contact in New York. It has been 15 days now since I called ICE with an address and nothing has been done. My contact is about to pull the plug on his info and I know I will have to do something drastic if I want her taken into custody. I am considering traveling to New York to make a citizens arrest. I have researched the law regarding this in NY as much as I could, and I understand there could be repercussions if I donít do this right.

    My question: Can I call ICE, local or State Law Enforcement when I physically spot her and request assistance? I do not want to have to physically restrain her and am considering this only as a last resort. But at this point, I do not expect that ICE will do anything, and to me, it is imperative that this woman be arrested for these felonies.

    Any advice?What is the name of your state (only U.S. law)?
  2. #2
    Isis1 is offline Senior Member
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    so you want to kidnap this woman since you feel the need to get back at her?

    you called the officials. now leave it alone. a citizen's arrest, doesn't work this way. you running after her like your a licensed bounty hunter, can and WILL get YOU arrested.
  3. #3
    FlyingRon is offline Senior Member
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    Agreed. NY has limited citizens arrest laws and this doesn't qualify. A "citizens arrest" isn't an authorization to play vigilante.
  4. #4
    Danny 20720 is offline Junior Member
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    Quote Originally Posted by FlyingRon View Post
    Agreed. NY has limited citizens arrest laws and this doesn't qualify. A "citizens arrest" isn't an authorization to play vigilante.
    The documents she is in possession of qualifies as a felony. That is what is required to make a citizens arrest in NY. How does that NOT qualify? The laws on this vary from state to state, but NY requires a felony.

    To Isabella: I stated that I do not want to physically restrain her. How do you derive 'kidnapping' from that? I want her in Federal custody, not mine. And I have no intentions of leaving this alone. There is too much at stake.
  5. #5
    Isis1 is offline Senior Member
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    Quote Originally Posted by Danny 20720 View Post
    The documents she is in possession of qualifies as a felony. That is what is required to make a citizens arrest in NY. How does that NOT qualify? The laws on this vary from state to state, but NY requires a felony.

    To Isabella: I stated that I do not want to physically restrain her. How do you derive 'kidnapping' from that? I want her in Federal custody, not mine. And I have no intentions of leaving this alone. There is too much at stake.
    unless YOU are being physically harmed AT THAT MOMENT, you cannot arrest her.

    you are NOT in danger of her in another state.
  6. #6
    Danny 20720 is offline Junior Member
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    Quote Originally Posted by IsabellaSoriano View Post
    unless YOU are being physically harmed AT THAT MOMENT, you cannot arrest her.

    you are NOT in danger of her in another state.
    NY law does not require the person to have caused physical harm to another, it only requires that a felony be commited, which she has.
  7. #7
    Isis1 is offline Senior Member
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    fine, go play batman.

    then come back here when YOU get arrested for interfering with the law.
  8. #8
    FlyingRon is offline Senior Member
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    So what are you going to do big man? Also do a citizen's prosecution and a citizen's jail or a citizen's deportation? If the ICE isn't going to take custody of her after you arrest, then what?
  9. #9
    Danny 20720 is offline Junior Member
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    Quote Originally Posted by FlyingRon View Post
    So what are you going to do big man? Also do a citizen's prosecution and a citizen's jail or a citizen's deportation? If the ICE isn't going to take custody of her after you arrest, then what?
    She can only be detained if a felony is committed. The charges I have outlined are serious, punishable by up to 10 years in prison. I have no reason to believe she will be allowed to walk on these charges. And the other things you spoke of, citizen's prosecution and a citizen's jail or a citizen's deportation, I would hope you know that isnít the way it works.

    Citizens arrests are not cut and dry like it would be for law enforcement. While a citizen does have the right to make a citizens arrest, that is where it stops.

    Do you really think that ICE would allow someone who has committed felonies such as these to walk? I donít think so.
  10. #10
    Stevef is offline Senior Member
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    Quote Originally Posted by Danny 20720 View Post
    The documents she is in possession of qualifies as a felony.
    Does possession of these documents constitute a felony, or does using these documents for some purpose constitute a felony?

    If the former, when you arrest her, how will you know she is in possession of these felonious documents? Do you plan to search her first?

    If the later, did you witness her using these documents for the felonious purpose?
  11. #11
    Danny 20720 is offline Junior Member
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    Quote Originally Posted by Stevef View Post
    Does possession of these documents constitute a felony, or does using these documents for some purpose constitute a felony?

    If the former, when you arrest her, how will you know she is in possession of these felonious documents? Do you plan to search her first?

    If the later, did you witness her using these documents for the felonious purpose?
    Being in possession of the documents constitutes a felony. I would assume Border Protection has some type of proof she has used at least one of them to gain entry in to the US, but I do not know what type of charge that carries. I know when I return to the US, they run my passport through some type of scanner so I assume the do something similar to foreigners, but I honestly donít know how they record entry..

    Your other comments, thatís where it starts getting gray. I know she carries the documents on her at all times. ICE and NY State Police have the right to detain someone and search them is they suspect the person is here illegally. Iím not sure what the local LE can do as far as immigration matters. I doubt I have that right.

    Did I personally witness her using these documents? No, but someone else has. Thatís one of the biggest questions I have in this. I know who she is and what she does; I know she is here illegally and has bragged to others about her fake documents, even showing them to people. This woman has absolutely zero chance of legally gaining entry to the US. This woman has never filed a tax return in her home country and has no verifiable employment; ever.

    NY law requires that someone Ďwitnessí a felony being committed in order to make a citizens arrest. Now, since I have not seen her fake documents, all I have to go on is the info I have received from someone else and my absolute confidence this woman could NEVER legally gain a VISA to the US. For me to effect a citizens arrest, I am going out on a limb as I did not Ďwitnessí anything, but I would still have 100% confidence that she does possess these fake documents.

    There is a lot at stake with this. I could possibly lose $500,000 and another man stands to lose $100,000 if she is permitted to remain free in the US.
  12. #12
    BL
    BL is offline Senior Member
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    Refer here:

    [url]http://forum.freeadvice.com/arrests-searches-warrants-procedure-26/ny-can-i-make-citizens-arrest-stealing-bike-graffitti-415172.html[/url]
  13. #13
    Danny 20720 is offline Junior Member
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    I read that

    BL, thanks; I had already read that article. It had a little info, but not enough to verify what I need.

    I'm searching now for an attorney in NY that can advise me how to do this. I still have a few other options that I hope pan out, but am definitely considering this if it comes down to the point no one else will pick her up. It would be an absolute last option, but I am nearing that point. She has to be taken into custody, period.
  14. #14
    BL
    BL is offline Senior Member
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    Do you know how many illegal aliens there are in the U.S. ?

    Homeland security . Boarder Patrol ???

    If you have solid info.
  15. #15
    Danny 20720 is offline Junior Member
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    Quote Originally Posted by BL View Post
    Do you know how many illegal aliens there are in the U.S. ?

    Homeland security . Boarder Patrol ???

    If you have solid info.
    Iíve read between 12 and 20 million illegal immigrants.

    I know ICE and Border Protection are completely overwhelmed. I would like to think this is the reason ICE has not moved against her, but I honestly donít know. Border Protection has all her info and is watching for her. If she is not taken into custody soon, it could cost me in a huge way. I have other legal options to challenge the other issues, but even that will cost me $30,000 USD. But i'll have to do to save $500,000.

    The evidence against her is rock solid. That is also one reason I am considering a citizens arrest. If I were not sure, the repercussions would be too great. But in my case, I am confident she is in possession of all the fake documents and therefore, I have a lot to gain and little to lose. I would not want to do any jail time, but even that, if minor, would be preferable to having her run the streets here.

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