Thursday, April 21, 2005

WorldNetDaily: No charges for soldier who held aliens

And why no charges? Simple--Sergeant Haab had perfectly valid grounds to make a citizen's arrest. Arizona law allows any citizen to make an arrest if:
  1. he sees someone commit a felony, or
  2. a felony has taken place and he has reasonable suspicion that he is confronting the perpetrator(s).
Part of the initial problem is that just being in the USA illegally is a misdemeanor, not a felony--and misdemeanor suspects are not subject to citizen's arrest just for that. This is why at least two callers have urged Sean Hannity to support a (so far hypothetical) federal measure to make unlawful entry into, or presence in, the USA a felony--so that the MInutemen, for example, could detain suspected illegal border crossers if they wanted to.

But while unlawful entry is not in and of itself a felony, the smuggling of human beings into the country is a felony. So, too, is conspiracy to commit any sort of felony. And the way the law works, not only is the human smuggler guilty of a felony, but so are his passengers, if they are taking any more active a role than sitting in the back of a truck. In Haab's case, the seven illegal entrants charged him, until he held them at bay and then chased them down, not wanting them to bring harm upon a fellow citizen.

And what clinched it for the Maricopa County Attorney is that the seven illegal entrants couldn't get their stories straight. You can read the article for the details on the differing, and often changing, stories they told. That sort of thing possibly makes them liars. It definitely makes them unreliable witnesses.

Result: Haab goes free, as is only proper.