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aphid

US Border Security?

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"Edmonton police say Michael Sean Stanley, 48, was able to enter the United States on Monday evening. The American-born Stanley appears to have crossed the border despite the Canada-wide warrant that had been issued for his arrest last week, when he cut off his electronic monitoring bracelet and went on the run."

"Edmonton Police Service Det. Chris Hayduk said American authorities were aware of Stanley’s situation when he was allowed into the country. He crossed from British Columbia into Washington at the Blaine border crossing. Asked why American authorities let the wanted sex offender into the country, Hayduk said he didn’t know."

Source: http://www.edmontonjournal.com/news/Edmonton+police+counterparts+apprehend+offender+Michael+Stanley+with+video/9021992/story.html

Well, he probably didn't have any Kinder Eggs.

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aphid

"... The American-born Stanley appears to have crossed the border despite the Canada-wide warrant that had been issued for his arrest last week, when he cut off his electronic monitoring bracelet and went on the run."



Legally the situation is quite simple. He is American born--a US citizen. And a Canada-wide warrant is just that--Canada wide. Valid anywhere in Canada. Not valid anywhere in the USA.

They (US authorities) would need a basis under US law to arrest this guy--and it does, indeed, sound plausible that no such basis exists. As a US citizen he can't just be denied entry to his own country on a discretionary basis.

When it comes to extradition, it also sounds a bit dicey. Although this guy is described as a violent sex offender, that is based on crimes he committed in the past. This time around the crimes he is accused of are significantly less serious. Essentially he served his time for his violent sex crimes. Right now his only legal constraint is that he is under a peace bond--which seems, roughly speaking, to be the Canadian equivalent of a restraining order.

And he is accused of violating that restraining order by cutting off his electronic monitoring bracelet--but that is ALL he is accused of right now. In the USA that would be a misdemeanor, not a violent felony.

Although it is theoretically possible to extradite for a misdemeanor, I gather that in the USA people aren't typically extradited from one state to another solely for a misdemeanor--much less from one country to another. So I think it is unlikely extradition will be successful unless evidence of new, more serious, crimes in Canada emerge.

And I also can't for the life of me figure out WHY Canada would WANT to extradite this guy. He won't be spending the rest of his life in a Canadian jail solely for violating a restraining order. He'll be back on the streets fairly soon. Maybe he'll re-offend when it comes to sex crimes at some point in the future--maybe he won't. But if he does re-offend, I can't for the life of me figure out why the Canadian authorities would go out of their way to ensure that he's on Canadian soil when (if) he re-offends.

His Canadian arrest warrant will likely keep him out of Canada for the rest of his life. Seems from a Canadian (not necessarily US) perspective that's a reasonably good outcome.
"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

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