The word "detainer" is spelled with two syllables: de-tain-er. The first syllable begins with the "d" consonant sound, pronounced as /d/, followed by the "e" vowel sound, pronounced as /ɪ/, and the "t" consonant sound, pronounced as /t/. The second syllable begins with the "t" consonant sound, pronounced as /t/, followed by the "ain" vowel sound, pronounced as /eɪ/, and the "er" consonant sound, pronounced as /ər/. The word "detainer" refers to the act of legally retaining someone or something, such as a person in custody or a piece of property.
A detainer refers to a legal process by which a person or property is held or detained by authorities or individuals, typically due to a legal claim or authority. It is a legal term used in various contexts, including criminal, civil, and immigration law.
In criminal law, a detainer is issued by law enforcement or judicial authorities to hold a suspect in custody pending investigation or trial. It serves as an official notice to the holding jurisdiction that another jurisdiction has a legal claim or warrant against the individual. This enables the authorities to keep the suspect in custody until the detaining jurisdiction can exercise its legal rights.
In civil law, a detainer refers to a legal action initiated by a party to regain possession of personal property or assets. This usually occurs when one party believes that another party has wrongfully detained or withheld their property, and seeks legal resolution through a detainer action to recover possession.
In immigration law, a detainer is issued by the Immigration and Customs Enforcement (ICE) to request that a local law enforcement agency detain an individual who is in custody and believed to be in violation of immigration laws. The detainer gives ICE additional time to determine whether to take custody of the individual and initiate deportation proceedings.
Overall, a detainer is a legal mechanism used to hold an individual or property until a legal claim or authority is resolved, ensuring that proper legal process is followed.
One who; in law, the keeping possession of what belongs to another; a writ authorising the keeper of a prison to continue to keep & person in custody.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
The word "detainer" is derived from the Middle English term "deteyn", which itself comes from the Old French word "detenir". "Detenir" is formed by combining the Latin prefix "de-" (meaning "down" or "from") with the Latin word "tenere" (meaning "to hold"). Therefore, the etymology of "detainer" suggests that it originally referred to the act of holding someone or something down or back. In legal contexts, a detainer refers to the act of legally keeping someone in custody or restraining them against their will.