Seizure and Surrender of Evidence or Fruits of Offense Found Within the United States and in Connection with an Individual’s Request for Extradition
Every United States extradition treaty negotiated after 1884 contains a provision permitting the United States to seize and surrender evidence found in the possession of the fugitive criminal at the time of his or her arrest, to be delivered over to the requesting country. Recent treaties additionally permit: 1) the surrender of such fruits and evidence even if extradition cannot be effected because of the death, escape, and, in some instances, disappearance of the requested individual; 2) the deferral of surrender of articles needed as evidence in a proceeding in the requested country; and 3) requiring the return of such articles when they are no longer needed in the requesting country.
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