18 U.S.C. § 3184: Fugitives from foreign…

Summary

When the United States has an extradition treaty with another country or under section 3181(b), a federal judge, an authorized magistrate, or a state trial judge can, on a sworn complaint, issue an arrest warrant for someone in their area who is accused of a covered crime in that foreign country. If the person’s location in the U.S. is unknown or they are believed likely to enter the U.S. soon, the complaint and warrant can be handled in the U.S. District Court for the District of Columbia. The judge holds a hearing. If the judge finds enough evidence under the treaty or section 3181(b), the judge certifies the finding and sends the testimony to the Secretary of State so the foreign government can request surrender. The judge then orders the person held in jail until they are surrendered.

Title 18, §3184

Crimes and Criminal Procedure, Source: USLM XML via OLRC

Whenever there is a treaty or convention for extradition between the United States and any foreign government, or in cases arising under section 3181(b), any justice or judge of the United States, or any magistrate judge authorized so to do by a court of the United States, or any judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within his jurisdiction, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, or provided for under section 3181(b), issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or magistrate judge, to the end that the evidence of criminality may be heard and considered. Such complaint may be filed before and such warrant may be issued by a judge or magistrate judge of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known or, if there is reason to believe the person will shortly enter the United States. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, or under section 3181(b), he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 651 (R.S. § 5270; June 6, 1900, ch. 793, 31 Stat. 656). Minor changes of phraseology were made.

Editorial Notes

Amendments

1996—Pub. L. 104–132, in first sentence, inserted “or in cases arising under section 3181(b),” after “United States and any foreign government,” and “or provided for under section 3181(b),” after “treaty or convention,” and in third sentence, inserted “or under section 3181(b),” after “treaty or convention,”. 1990—Pub. L. 101–647 inserted “or, if there is reason to believe the person will shortly enter the United States” after “are not known” in second sentence. 1988—Pub. L. 100–690 inserted after first sentence “Such complaint may be filed before and such warrant may be issued by a judge or magistrate of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known.” 1968—Pub. L. 90–578 substituted “magistrate” for “commissioner” in two places.

Statutory Notes and Related Subsidiaries

Change of Name

Words “magistrate judge” substituted for “magistrate” wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later

Effective Date

is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§3184 Fugitives From Foreign Country to United States

Summary

Title 18, §3184

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Citations & Metadata