Extradition Treaty Law and Procedure – Part 6

Complaint for Warrant of Apprehension

The initial step in the apprehension of an individual sought for extradition is the presentment of a charging document, commonly known as the complaint. The complaint, not unlike those routinely presented in state and federal courts may differ somewhat in the specificity of the information required to be included. Although courts have imposed several requirements on the contents of such complaints, applicable treaties control and could materially effect a court’s determination of the sufficiency of the complaint for arrest. Additional court requirements have imposed the need for the complaint to allege sufficient facts to show that an extraditable offense has been committed, the need for the complaint to fairly apprise the individual, sought for extradition, of the crime charged, and if the complaint is based upon information and belief, the party swearing to the compliant must state the source of his information and the grounds for his belief. The U.S. Supreme Court has held that complaints based solely on information and belief are insufficient if no attempt is made to set forth the source of information or the grounds of the affiant’s belief.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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