Arrest by Immigration Authorities Did Not Trigger Speedy Trial Act
United States v. Paillas-Castanon, ___ F.3d ___, 2008 WL 2025106 (10th Cir. May 13, 2008)
The arrest and detention of the defendant on a civil deportation matter did not violate the Speedy Trial Act, 18 USC Sec. 3161, when he was indicted 2 months later for possession of a counterfeit green card. The arrest here was on a civil offense, and the Speedy Trial Act applies only to criminal offenses–the immigration arrest did not trigger the Act. The ruse exception–collusion between civil and criminal authorities to circumvent the Act and detain a Defendant for later prosecution–did not apply. The primary or exclusive purpose of Defendant’s detention was not to hold him for later criminal prosecution. The authorities legitimately were holding him for civil deportation.
The arrest and detention of the defendant on a civil deportation matter did not violate the Speedy Trial Act, 18 USC Sec. 3161, when he was indicted 2 months later for possession of a counterfeit green card. The arrest here was on a civil offense, and the Speedy Trial Act applies only to criminal offenses–the immigration arrest did not trigger the Act. The ruse exception–collusion between civil and criminal authorities to circumvent the Act and detain a Defendant for later prosecution–did not apply. The primary or exclusive purpose of Defendant’s detention was not to hold him for later criminal prosecution. The authorities legitimately were holding him for civil deportation.
posted by Anonymous at 9:08 AM
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