Extradition Treaty Law and Procedure – Part 7

Issuance of a Warrant of Apprehension

Title 18 United States Code § 3184 generally authorizes any state judge, federal judge or magistrate to issue a warrant of apprehension in connection with a certificate of extraditability. Practically speaking though, nearly all warrants are issue by United States district court judges and magistrates. As a precursor, nearly all extradition hearings are conducted by such judges and magistrates.

Ordinarily, the issuance of a warrant of apprehension must be supported by probable cause. This showing is customarily made through the submission of a complaint, made under oath, charging the individual found within the jurisdiction of the issuing court with having committed any of the crimes provided for by treaty while within the jurisdiction of the requesting foreign country. However, in limited circumstances, a warrant for apprehension may issue where the applicable extradition treaty authorizes provisional arrest in case of urgency. Under such provision, a lesser standard may apply.

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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