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detainer

 
Dictionary: de·tain·er   (dĭ-tā'nər) pronunciation

n.
  1. A withholding from the rightful owner of property that has lawfully come into the possession of the current holder.
  2. The detention of a person, especially in custody.
  3. A writ authorizing the further detention of a person in custody, pending further action.

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Law Encyclopedia: Detainer
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This entry contains information applicable to United States law only.

The act (or the juridical fact) of withholding from a lawfully entitled person the possession of land or goods, or the restraint of a person's personal liberty against his or her will; detention. The wrongful keeping of a person's goods is called an unlawful detainer although the original taking may have been lawful.

A request filed by a criminal justice agency with the institution in which a prisoner is incarcerated asking the institution either to hold the prisoner for the agency or to notify the agency when release of the prisoner is immi- nent.

Wikipedia: Detainer
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Detainer (from detain, Latin detinere); in law, the act of keeping a person against his will, or the wrongful keeping of a person's goods, or other real or personal property. A writ of detainer was a form for the beginning of a personal action against a person already lodged within the walls of a prison; it was superseded by the Judgment Act 1838.

In a more current context, a detainer is a writ issued by a law enforcement agency for the detention of an individual until that agency can lawfully take custody of that individual. Most times a correctional/detention institution or jail will check its database and databases of other agencies for detainers from other agencies before releasing an inmate, detainee, or resident in its custody. For example, the U.S. Marshal Service will not release an inmate if a legal detainer exists from the State of Tennessee until the detainer is confirmed and custody is transferred or the detainer is pronounced null.

This article incorporates text from the Encyclopædia Britannica, Eleventh Edition, a publication now in the public domain.


 
 

 

Copyrights:

Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.  Read more
Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
Wikipedia. This article is licensed under the Creative Commons Attribution/Share-Alike License. It uses material from the Wikipedia article "Detainer" Read more