TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 209 - EXTRADITION
HEAD
Sec. 3184. Fugitives from foreign country to United States
STATUTE
Whenever there is a treaty or convention for extradition between
the United States and any foreign government, or in cases arising
under section 3181(b), any justice or judge of the United States,
or any magistrate judge authorized so to do by a court of the
United States, or any judge of a court of record of general
jurisdiction of any State, may, upon complaint made under oath,
charging any person found within his jurisdiction, with having
committed within the jurisdiction of any such foreign government
any of the crimes provided for by such treaty or convention, or
provided for under section 3181(b), issue his warrant for the
apprehension of the person so charged, that he may be brought
before such justice, judge, or magistrate judge, to the end that
the evidence of criminality may be heard and considered. Such
complaint may be filed before and such warrant may be issued by a
judge or magistrate judge of the United States District Court for
the District of Columbia if the whereabouts within the United
States of the person charged are not known or, if there is reason
to believe the person will shortly enter the United States. If, on
such hearing, he deems the evidence sufficient to sustain the
charge under the provisions of the proper treaty or convention, or
under section 3181(b), he shall certify the same, together with a
copy of all the testimony taken before him, to the Secretary of
State, that a warrant may issue upon the requisition of the proper
authorities of such foreign government, for the surrender of such
person, according to the stipulations of the treaty or convention;
and he shall issue his warrant for the commitment of the person so
charged to the proper jail, there to remain until such surrender
shall be made.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 90-578, title III,
Sec. 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 100-690,
title VII, Sec. 7087, Nov. 18, 1988, 102 Stat. 4409; Pub. L. 101-
647, title XVI, Sec. 1605, Nov. 29, 1990, 104 Stat. 4843; Pub. L.
101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L.
104-132, title IV, Sec. 443(b), Apr. 24, 1996, 110 Stat. 1281.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 651 (R.S. Sec. 5270;
June 6, 1900, ch. 793, 31 Stat. 656).
Minor changes of phraseology were made.
AMENDMENTS
1996 - Pub. L. 104-132, in first sentence, inserted "or in cases
arising under section 3181(b)," after "United States and any
foreign government," and "or provided for under section 3181(b),"
after "treaty or convention," and in third sentence, inserted "or
under section 3181(b)," after "treaty or convention,".
1990 - Pub. L. 101-647 inserted "or, if there is reason to
believe the person will shortly enter the United States" after "are
not known" in second sentence.
1988 - Pub. L. 100-690 inserted after first sentence "Such
complaint may be filed before and such warrant may be issued by a
judge or magistrate of the United States District Court for the
District of Columbia if the whereabouts within the United States of
the person charged are not known."
1968 - Pub. L. 90-578 substituted "magistrate" for "commissioner"
in two places.
CHANGE OF NAME
Words "magistrate judge" substituted for "magistrate" wherever
appearing in text pursuant to section 321 of Pub. L. 101-650, set
out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
MISCELLANEOUS
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when
a later effective date is applicable, which is the earlier of date
when implementation of amendment by appointment of magistrates [now
United States magistrate judges] and assumption of office takes
place or third anniversary of enactment of Pub. L. 90-578 on Oct.
17, 1968, see section 403 of Pub. L. 90-578, set out as a note
under section 631 of Title 28, Judiciary and Judicial Procedure.
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