Friday, April 19, 2019

'No authority': New Mexico governor tells militia to stop arresting migrants at border

New Mexico Gov. Michelle Lujan Grisham on Friday lashed out at members of a militia group who are stopping migrants at the border, declaring "regular citizens have no authority to arrest or detain anyone." The American Civil Liberties Union of New Mexico has demanded that Lujan Grisham and New Mexico Attorney General Hector Balderas investigate the militia organization, United Constitutional Patriots. Some of the group's members are armed. "That migrant families might be menaced or threatened in any way, shape or form when they arrive at our border — often times after an unimaginably arduous journey — is completely unacceptable," Lujan Grisham said in an email to NBC News. "It should go without saying that regular citizens have no authority to arrest or detain anyone," she said. "My office and our state police are coordinating with the Attorney General's Office and local police to determine what has gone on and what can be done." Balderas warned in a statement that "these individuals should not attempt to exercise authority reserved for law enforcement," he said...MORE

I have no personal knowledge of this group, nor have I seen their videos. 

What interests me is the statement by the Governor, ""It should go without saying that regular citizens have no authority to arrest or detain anyone."

If I catch a person burglarizing my home, do I have the authority to detain the burglar until law enforcement arrives?

If I'm in public and witness a man attacking a woman and I'm able to stop the attack, do I, a "regular citizen", have the authority to detain him until law enforcement arrives?

Remember the Governor says you or I "have no authority to arrest or detain anyone." 

In trying To find an answer to my question I came across this column in the Albuquerque Journal by Judge Alan M Mallot which states in part:

The concept of citizen's arrest dates back to the Middle Ages. At Common Law, a private citizen had the power to arrest another for conduct which was either a breach of the peace, or a felony-level offense, if committed in the arrestor's presence. As long as the arrestor did not use excessive force he was immune from legal claims for damages from the incident such as assault, battery or false imprisonment. In more recent years, some states have enacted specific statutes outlining the parameters of a private citizen's right to interfere with the actions of another. New Mexico has no statute on citizen's arrest. Instead, our courts have continued to recognize the Common Law concept, ruling that a private citizen can detain a fellow private citizen when there is at least probable cause to believe that the fellow citizen has committed a felony-level crime or a breach of the peace in his presence. Please note that there are specific statutes for security guards which I am not addressing today.
        In New Mexico, so long as the arrestor had a reasonable subjective belief that such a crime had been committed, the privilege could apply even if the belief was factually incorrect or the arrestee was later found innocent of the charge.
If Judge Mallot is correct, then the Governor's blanket statement is inaccurate. However, in the particular case of detaining illegal immigrants, the act of illegally entering the U.S. is a misdemeanor under the provisions of the Immigration and Nationality Act of 1965.  It is not a felony.  

Would appreciate any comments or help from those more knowledgeable than I on this issue.

1 comment:

Anonymous said...

What rights? All of the insanity at the border was caused by Obama who neglected to get congressional approval for catch and release, or sanctuary for those who feel endangered in their own country. So Albuquerque, STUFF IT! You are just another snowflake tooting the cause of our dummy governor who will sell out our state for her socialist causes.