Miranda-Olivares v. Clackamas County

[RicInOR]

Clackamas County Sheriff Roberts -
http://www.clackamas.us/sheriff/images/2014-04-16-SheriffRobertsLetterOnCourtDecision.pdf

Washington County Sheriff Garrett -
http://www.co.washington.or.us/Sheriff/upload/ICE-Detainers-No-Longer-Enforced.pdf

Further information -
http://www.co.washington.or.us/Sheriff/ice-detainers-no-longer-enforced.cfm
http://www.clackamas.us/sheriff/pressreleases/2014-04-06-CCSOPR-CourtRuling.html


Since this stems from a Federal case, I suspect every Sheriff in the area will have to review policy and decide if they will follow the ruling. The court, U.S. District Court for the District of Oregon, is not high enough to affect every western state, however.

Will Sheriff Roberts appeal?

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[Garg]

Will Sheriff Roberts appeal?

Not sure why he would. The judge ruled that he doesn't have to violate the 4th amendment, and it sounds like he is for that. I actually like him.

 

[Swedish K]

Odd - when I worked the parole warrant office for several years if we sent a detainer on a parolee held in a jail or prison it held a guarantee that we had legal reason to take them into our custody and that the state would pick up the tab for additional hold time until our extradition /transport team could take them into our custody. Per the NCIC criteria you could not send a hold/detainer without legal reason/power - they were not to be used as suggestions. I would guess the counties held inmates over because they believed that the hold had legal weight and on top of that they make money by holding them since the feds should be paying them to hold them over beyond the county's interest.