Extradition Treaty Law and Procedure – Part 11

Persons Who May Execute a Warrant of Apprehension and Places Where Such Warrants May Be Executed

The execution of a warrant of apprehension is not regulated by statute. In addition, Federal Rules of Criminal Procedure, which specify that warrants issued in relation to federal criminal proceedings may be executed by U.S. Marshals, are not applicable to the execution of warrants issued in extradition proceedings. Judges and magistrates, who issue warrants of apprehension, are therefore required to designate that the execution of the warrant be conducted by a particular law enforcement agency. The location of the execution of a warrant of apprehension is also not regulated by statute. However, the U.S. Supreme Court in 1904 sanctioned an arrest in Indiana on the basis of a warrant of apprehension issued in New York. From this holding, it would appear that nationwide execution is permitted.

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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