When the FBI Seeks Extradition…®

EXTRADITION TREATY LAW AND PROCEDURE


Jurisdiction to Issue a Warrant of Apprehension, Location of Person Sought

Prior to Congressional amendment in 1988, a judge's or magistrate's jurisdictional authority to issue a warrant of apprehension had been limited by statute. The complainant was required to have a reasonable and good faith belief that the individual sought could be found within the court's jurisdiction, yet there was no requirement that the complainant state that the individual sought was definitely within the jurisdiction of the court. If the complaint lacked this language, the judge or magistrate had no jurisdiction to issue the warrant of apprehension.

In 1988, Congress amended § 3184 to allow for the issuance of a warrant of apprehension where the complainant had a reasonable and good faith belief that the individual sought was within the United States, although his or her exact whereabouts were unknown. Two years later, Congress again amended § 3184 to allow for the issuance of a warrant of apprehension where the complainant had a reasonable and good faith belief that the individual sought, while not yet within the United States, would be shortly entering the Unite States.