CopyCited 1 times | Published | District Court, S.D. Florida
...on behalf of the federal government for alleged civil immigration offenses. Plaintiffs respond that these state law provisions are not independent sources of authority for the County to arrest individuals for civil immigration violations. a) Florida Statute Section 950.03 First, the County argues that it had authority to arrest C.F.C. and S.C.C. under Florida Statute Section 950.03, which provides that "[t]he keeper of the jail in each county within this state shall receive into his or her custody any prisoner who may be committed to the keeper's charge under the authority of the United States and shall safely keep each prisoner according to the warrant or precept for such commitment until he or she is discharged by due course of law of the United States." Fla. Stat. § 950.03 ....
...(DE 32 at 17-18). Moreover, the County agrees that C.F.C. and S.C.C. were in its sole custody-not being "receive[d] into" its custody-when they were detained pursuant to the detainer requests from ICE. (DE 23 at 2, 5). The Court agrees with Plaintiffs that Section 950.03 is not an independent source of authority under which the County could lawfully arrest C.F.C....
...solely on the basis of a detainer. As discussed above, the County did not have authority under federal law to arrest C.F.C. and S.C.C. based on a detainer, and this archaic Florida statute adds nothing to the County's arrest authority. Accordingly, the Court finds that Section 950.03 does not support the County's arrest of C.F.C....
CopyPublished | District Court, S.D. Florida
...Creedle on behalf of the federal government for an alleged civil immigration offense. Mr. Creedle responds that these state law provisions are not independent sources of authority for the County to arrest individuals for civil immigration violations. a) Florida Statute Section 950.03 First, the County argues that it had authority to arrest Mr. Creedle under Florida Statute Section 950.03, which provides that "[t]he keeper of the jail in each county within this state shall receive into his or her custody any prisoner who may be committed to the keeper's charge under the authority of the United States and shall safely keep each prisoner according to the warrant or precept for such commitment until he or she is discharged by due course of law of the United States." Fla. Stat. § 950.03 ....
...ed pursuant to the detainer request from ICE. (DE 70 at 19) ("Martinez requested that the County maintain custody of [Mr. Creedle], who was already in its charge, under the authority of the United States...."). The Court agrees with Mr. Creedle that Section 950.03 is not an independent source of authority under which the County could lawfully arrest Mr....
...Creedle solely on the basis of a detainer. As discussed above, the County did not have authority under federal law to arrest Mr. Creedle based on a detainer, and this archaic Florida statute adds nothing to the County's arrest authority. Accordingly, the Court finds that Section 950.03 does not support the County's arrest of Mr....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17335
...Dyal’s own statement of the facts makes it clear that he was confined in a county detention facility, as required by Section
944.40, and none of the facts as stated by him denies the fact that the custody was lawful. The confinement in the county jail under the authority of the United States Marshal is authorized by Section
950.03, Florida Statutes (1977), which specifically authorizes county jailers to receive United States prisoners....
