WA State Trooper Under Investigation For Notifying ICE Of Deported Felon

[farscott]

Serious question: Is the sale of marijuana by state-licensed stores in CO technically a federal felony? I assume that such an operation would be as it is intent to distribute and the amounts are large enough to make it a felony. If so, how do CO LEOs resolve not reporting that felony with the local laws? I am not trying to change the subject; I am trying to understand what are the limits about reporting felonies.

[BehindBlueI's]

Show me an LEO - local, state or federal who could ignore any other felony without consequence.
.

It happens. When I first started as an LEO, any theft in my state was a felony. There was no "petty theft" or minimum dollar amount. If you shoplifted gum, it was a felony. The prosecutor's office set a floor, $5 and then $10 IIRC, for what they would actually prosecute and even then they dropped it to a lesser-but-included charge that was a misdemeanor (criminal conversion, what many states call unauthorized control). Our general order specifically authorizes discretion and recognizes that an arrest is not always in the best interest of justice.

I've also seen folks who committed felonies, including fleeing in a vehicle, be issued a summons instead of arrested due to being reaallly old or other health concerns, such as a woman in her 80s who fled because her 55-ish year old son had warrants. When possible, we also try to not arrest people who are seriously hurt until they are about to be released from the hospital so the county isn't on the hook for their medical bills.

This dude got stuck, and I'm not saying our policy is directly related, just that felony =/= mandatory arrest in all situations.

[HCM]

It happens. When I first started as an LEO, any theft in my state was a felony. There was no "petty theft" or minimum dollar amount. If you shoplifted gum, it was a felony. The prosecutor's office set a floor, $5 and then $10 IIRC, for what they would actually prosecute and even then they dropped it to a lesser-but-included charge that was a misdemeanor (criminal conversion, what many states call unauthorized control). Our general order specifically authorizes discretion and recognizes that an arrest is not always in the best interest of justice.

I've also seen folks who committed felonies, including fleeing in a vehicle, be issued a summons instead of arrested due to being reaallly old or other health concerns, such as a woman in her 80s who fled because her 55-ish year old son had warrants. When possible, we also try to not arrest people who are seriously hurt until they are about to be released from the hospital so the county isn't on the hook for their medical bills.

This dude got stuck, and I'm not saying our policy is directly related, just that felony =/= mandatory arrest in all situations.

Mandatory arrest - no. But you can't just ignore it either. In this case the Trooper did not arrest or even detain the suspect. He merely passed on the details of how the suspect was encountered To ICE pursuant to the match to the NCIC hit.

The Trooper acted properly. My issue is with the WA State Police admin.

[jlw]

If they bone him, he should file a 1983 action on them for denying him his civil rights under color of office. In fact, having an attorney write them immediately and tell them that should have a positive result rather quickly.

I'll go you one better: 18 U.S.C. 242

I could see the Trump administration playing along.

[BehindBlueI's]

Mandatory arrest - no. But you can't just ignore it either.

Yes, you can, given the right circumstances. I'll again refer to my earlier post about any theft being a felony in our state. If you stole a $3 box of cereal and were cooperative with loss prevention, it turned into a civil issue in which I did nothing. There was no paperwork generated. I did just ignore it, and did so with the blessing of my department and the prosecutor's office. I'd actually have had to explain why I DIDN'T ignore it should I take some action.

[Wayne Dobbs]

I'll go you one better: 18 U.S.C. 242

I could see the Trump administration playing along.

THAT would be an epic move! The real civil rights statute, with prison time!

[SigShooter]

WA state trooper is under investigation by his agency for notifying ICE after he encountered a previously deported felon who was involved in a traffic accident. The Trooper did not arrest or detain the suspect, he merely notified ICE after an NCIC hit.

Under title 8 U.S. Code section 1326 a previously deported alien who is unlawfully present in the United States is committing a felony punishable by between 2 and 20 years in federal prison.

The Trooper is damned if he does and damned if he doesn't.

In this case, the Trooper reported his encounter with the deported felon as required by law, subjecting him to a political witch hunt.

If the Trooper had failed to report this suspect to federal authorities he would be guilt of Misprison of a felony, a crime under Title 18, U.S. Code section 4 : "Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both."

https://bluelivesmatter.blue/washing...eported-felon/

The patients are running the asylum. Do law enforcement agencies really want their cops to become accessories to felonies?