When the FBI Seeks Extradition…®

EXTRADITION TREATY LAW AND PROCEDURE


Amount of Evidence Required for a Finding of Extraditability

The amount of evidence required for a finding of extradition is not controlled by statute but rather by the applicable extradition treaty. However, most courts have held that the requirements of the Fourth Amendment are relevant. The requesting country is thereby required to provide sufficient evidence to establish probable cause to believe the individual sought for extradition committed the offense for which he or she is accused and that the individual who has been apprehended is in fact the person identified by that evidence.