prisoner

any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law ..."); see also " Agyeman v. INS, " 296 F.3d 871 , 886 (C.A.9 2002) ("[W]e hold that an alien detained by the INS pending deportation is not a 'prisoner' within the meaning of the PLRA"); " LaFontant v. INS, " 135 F.3d 158 , 165 (C.A.D.C.1998) (same); " Ojo v. INS, " 106 F.3d 680 , 683 (C.A.5 1997)

One held in confinement against his will.

One held in confinement against his will. Lawful prisoners are either prisoners charged with crimes or for a civil liability. Those charged with crimes are either persons accused and not tried; and these are considered innocent, and are therefore entitled to be treated with as little severity as possible, consistently with the certain detention of their persons; they are entitled to their discharge on bail, except in capital cases; or those who have been convicted of crime, whose imprisonment, and the mode of treatment they experience, is intended as a punishment: these are to be treated agreeable to the requisitions of the law, and, in the United States, always with humanity. Prisoners in civil cases are persons arrested on original or mesne process, and these may generally be discharged on bail; and prisoners in execution, who cannot be discharged except under the insolvent laws. Persons unlawfully confined are those who are not detained by virtue of some lawful, judicial, legislative, or other proceeding. They are entitled to their immediate discharge on habeas corpus. For the effect of a contract entered into by a prisoner, see 1 Salk. 402, n.; 6 Toullier 82. “An officer may take from a prisoner any articles of property which it is presumable may furnish evidence against him, but money should not be taken unless it is in some way connected with the charge or proof against him, as he is thereby deprived of the means of making his defence. The arresting officer if he finds on the prisoner’s body, or otherwise in his possession, either goods or money which he reasonably believes to be transaction, may take and hold them to be disposed of as the court directs;’’ Stuart v. Harris, 69 111. App. 668. By statute in Iowa an officer making an arrest, or a jailer upon committing a person to Jail, may search him and take from him all offensive weapons and property which might be used in effecting an escape, but he has no right to take from him watches and money in no way connected with crime; Commercial Exch. Bk. v. Mc- Leod, 65 la. 666, 19 N. W. 329, 22 N. W. 919, 54 Am. Rep. 36, where it was said: “Where a party submits to a search of his person by an officer, it cannot be said that the search was with his consent, because he makes no physical resistance; when the search is completed and the fruits thereof are retained by the officer, it would require a strong showing to hold that this was with the consent of the prisoner.’’ Where money had been taken from a prisoner and an effort was made to reach it by garnishment against the officer, it was held that it was illegally taken, not being connected with the offence charged or necessary as evidence of the crime; but an application for a mandamus to compel the restoration of the money by the officer was denied because the propriety of its restoration was the subject of litigation under the attachment; Ex parte Hurn, 92 Ala. 102, 9 South. 515, 13 L. R. A. 120, 25 Am. St. Rep. 23. Pieces of silver intended for the manufacture of counterfeit coin were held to have been properly taken by the sheriff from the person who was carrying them to the place of manufacture, and it was held that the owner could not sustain trover therefor against the sheriff; Spalding v. Preston, 21 Vt. 9, 50 Am. Dec. 68, where it was held by Redfield, J., that the base metal was properly detained both as evidence and because from its character it was, “so to speak, outlawed, and common plunder.** In New Hampshire it was held that “if a prisoner has about his person money, or other articles of value, by means of which, if left in his possession, he might obtain tools or implements, or assistance, or weapons, with which to effect his escape, the officer arresting him may seize and hold such property for a time, without being liable for a conversion of the property, if he acts in good faith and for the purposes aforesaid;’’ Closson v. Morrison, 47 N. H. 482, 93 Am. Dec. 459. It has been held that United States officials have no right to confiscate money found on federal prisoners, and when it has been done and the money paid into the treasury, it may be recovered back by suit against the United States under the act of March 3, 1887; U. S. v. Harris, 77 Fed. 821, 23 C. C. A. 483. less it is in some way connected with the offence with which he is charged, as he thereby deprives him of the means of making his defence; 7 C. & P. 138, 488, 515; and it was so held with respect to a watch and other articles taken by a police officer at the time of arrest; icL 447. In this case the indictment was for rape, and it was said by Patteson, J.; “Certainly the property must be given up; it has nothing whatever to do with the charge. It ought not to have been taken.” Though the laws of a state permit a prison warden to receive and care for property found on convicts, the warden is not thereby authorized to receive payment on a certificate of deposit; Thompson v. Niles, 115 la. 67, 87 N. W. 732. See Search. Keeping a prisoner on bread and water is a cruel and unusual punishment; Johnson v. Waukesha Co., 64 Wis. 281, 25 N. W. 7. It is no defence to a prosecution for murder that the accused was a convict for life; Singleton v. State, 71 Miss. 782, 16 South. 295, 42 Am. St. Rep. 488; contra, Ex parte Meyers, 44 Mo. 279; State v. Jolly, 96 Mo. 435, 9 S. W. 897, where it was held that the prisoner could not be tried for another crime until the expiration of the term imposed upon him. In Gaines v. State (Tex.) 53 S. W. 623, it was held that a prisoner could be brought into court to be tried on another charge. A convict w T ho escapes before the completion of his term is not entitled to an allowance for the time he was at large; Ex parte Moebus, 137 Fed. 154. See Escape. One in jail and awaiting trial is entitled freely to consult with his counsel, privately and apart; State v. Davis (Okl.) 130 Pac. 962, 44 L. R. A. (N. S.) 1083. A prisoner, who is serving a life sentence at the time of his father’s death, does not inherit from him; In re Donnelly’s Estate, 125 Cal. 417, 58 Pac. 61, 73 Am. St. Rep. 62; but though a life prisoner is declared civilly dead by statute, the descent of his property is not thereby cast on his heirs; Smith v. Becker, 62 Kan. 541, 64 Pac. 70, 53 L R. A. 141. A prisoner sentenced to death is not incapable of managing his own estate prior to execution; Gray v. Stewart, 70 Kan. 429, '<8 Pac. 852, 109 Am. St. Rep. 461; where a life prisoner is insane, a committee may be appointed for his estate; Trust Co. v. Deposit Co., 187 N. Y. 178, 79 N. E. 996. A contract by one confined for life is valid; Stephani v. Lent, 30 Misc. 346, 63 N. Y. Supp. 471. See Ticket-of-Leave; Sentence; Punishment; Accumulative Sentence.

One who Is deprived of his llberty; one who is against his will kept in confinement or custody. A person restrained of his llberty upon any action, civil or criminal, or upon commandment Cowell. A person on trial for crime. "The prisoner at the bar." The jurors are told to "took upon the prisoner." The court, after passing sentence, gives orders to "remove the prisoner." See Hairston v Co.m., 97 Va. 754, 82 S. E. 707; Royce v. Salt Lake City, l5 Utah. 401. 49 Pan. 290.

— Prisoner at the bar. An accused person, while on trial before the court, is so called.

— Prisoner of war. One who has been captured iu war while fighting in the army of the public enemy.

A person restrained of his prison, either on a criminal charge, a person on trial for crime.