Just relating from my brother-in-law who was the district attorney for a major county in a major state (not my state). Bottom line, to bring a criminal case into federal court you need an indictment from a federal grand jury (as per the US Constitution). Only a US Attorney can convene a federal grand jury.
Anyone can make a citizen's arrest - however, the citizen has no legal protection. Police have qualified immunity. District Attorneys, State Attorneys, State Attorney Generals, US Attorneys, and Judges all have total/full immunity.
An Arizona rancher down on the Mexican border held several illegal aliens crossing his property. He was sued by the illegal aliens and lost - went up to the federal appeals court.
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Basically, to bring a federal criminal case to federal court (the only place it can be tried), you need an indictment (a true bill) from a federal grand jury convened by a US Attorney.
what does ANY LAW mean?
are those " state laws" that forbid local law enforcement from enforcing federal laws ANY LAW? IF they take any of those items listed in the code away then YES IT DOES FALL UNDER ANY LAW....
( caps for emphasis)
everyone overlooks the ANY LAW part...... coincidence?
You are missing the point. Even if you are able to get someone arrested for some federal criminal act (the question is where did the arrest warrant come from), there is going to need to be an indictment from a federal grand jury in order to go to court. Grand juries are controlled by a US Attorney, who brings cases to the grand juries for a yes or no on an indictment. Occasionally, you get what is called a runaway grand jury who goes out on their own. US Attorneys have full discretion in terms of what they do - and they can ignore indictments - i.e., not prosecute them, or they can ask a federal judge to dismiss the charge(s) for whatever reason.
and that is my whole point when they refuse to do the issuing or passing it up to marshals.. then they themselves will have violated this law AND also become accessories to the original crimes committed. do you now see this...
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