Phoenix, Arizona

From The Arizona Republic of April 21, 2005

Reservist who held migrants at gunpoint won't be prosecuted

No criminal charges will be filed against an Army reservist who held seven undocumented immigrants at gunpoint this month at an Arizona rest stop.

Maricopa County Attorney Andrew Thomas said Thursday that Sgt. Patrick Haab had the legal right to make a citizen's arrest because the man smuggling the immigrants into the country was committing a felony and the immigrants themselves were conspiring with the coyote to commit a felony.

Arizona law allows a private citizen to make a legal arrest if a felony has been committed and the citizen believes that the person he is arresting committed the felony.

"I do not want the message to go out that people can start rounding up illegal immigrants whether or not they think they're here legally, whether or not they know all the facts," Thomas said. "This is a very unusual case with a narrow set of facts and very unusual circumstances that allow Mr. Haab to avoid prosecution."

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