identifying an arrestee question

[bigboarstopper]

If an officer arrests and books a person misdemeanor/felony most likely they will be identified by their cdl and other identifying documents including them identifying themselves.

If a person has no Id and will not provide a name or a name that dosent show up in any system and their identity cannot be proven what happens?


If an illegal alien is arrested how are they identfied? If they don't have any legal identification or any authentic documentation can they be released before trial? Are they regularly charged with providing a fake id? (Fake greencards).

Any difference between the arresting process/release of a person presumed to be here legally to those presumed here illegally when the identity of either cannot be determined 100%?

[DNA]

No ID? Finger prints. No finger print return? Hold the bugger for court, enter whatever info they give as their info, it gets associated with their prints... For the next time they have no ID. No different whether an illegal or legal citizen.

Illegal with fake ID to conceal their origins? Charge with Penal Code 114 and watch liberal watch commander's head explode. Occasional contact to INS to see if they want to come play (dependant upon department policy and procedures and totality of circumstance).

Dan

[CinnamonBear723]

Dan pretty much covered it. Except we don't hold them for court. We just put their fingerprints in the system with the info provided and release them back into the wild if ICE won't put a hold on them or they aren't booked on a felony.

Also our standing SOP is to use 148.9 instead of 114.

[skyungjae]

A lot of local LEAs won't honor ICE detainers due to the AB4 act.

[DAR556]

The agency can contact the local ICE office to run the info through the field office headquarters. Most of the time the arresting agency won't hold the subject, or honor an ICE detainer, to allow ICE ERO to come pick them up. Even worse policies apply if the arresting agency is a sanctuary city. As Dan mentioned, the law enforcement response is generally dictated by department policy.

[Desertdoc]

Thus the importance of learning to differentiate between prints having value and those that don't. If they are Livescaned, have been printed before in California when scanned again, they should hit on themselves in AFIS. Livescan made printing so easy, and people STILL can't roll usable prints.

If not, a new CII/SID is generated. And depending on the circumstances the suspect can be released.

For those of you who print, each time you submit a set of prints from livescan, like one right after the other, instead of clearing the crap prints, it generates a new criminal record complete with new CII/SID, because they are not in AFIS yet.