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Under the new emergency powers Indonesia's intelligence agency would be permitted to detain terrorist suspects for nearly a year without trial, and provides for the death penalty in the most severe cases.
Instead, the attorney general would be permitted to detain such suspects up to seven days, after which they would have to be charged with a criminal or immigration violation or be released.
In any event, the lawyers tell the justices, the military should not be permitted to detain an American citizen overseas "or dispatch him to his death at the hands of another sovereign, with no obligation to demonstrate the lawfulness of either his imprisonment or his threatened transfer".
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Silvia Ocampo Ortiz had a check-in meeting with immigration officials last week and was detained after years of being permitted to stay, an increasingly familiar story under the Trump administration.
The work by the Center for Constitutional Rights is the latest in a series of examinations of the police tactic defined by a Supreme Court decision from decades ago, Terry v. Ohio, which permitted officers to detain someone briefly based on "reasonable suspicion," a threshold lower than the probable cause necessary for a formal arrest.
Schedule 7 permitted them to detain and question him only in order to help establish whether or not he was a terrorist: but the home secretary had determined that he was a terrorist two months earlier, when she signed his control order.
Law enforcement officers are permitted to stop drivers and to detain them for a brief amount of time, but not as a pretext to conduct an otherwise unlawful search or to improperly elicit consent for a search.
In December 2003, a federal circuit court decided that the president's war powers did not permit him "to detain American citizens on American soil outside a zone of combat".
The Act also permit officers to detain passengers - whether suspicious or not - at ports and airports for up to six hours, as well as take fingerprints and DNA samples.
President Obama in January effectively ended the C.I.A.'s detention and interrogation program, shutting the agency's secret prisons and requiring the spy agency to follow the same noncoercive interrogation methods used by the military, although the C.I.A. is still permitted to capture and to temporarily detain terrorism suspects.
Under martial law, the military is permitted to ban political gatherings, detain people without charge and censor the media.
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