Volume 53 · 1125
Public Law 76–375
To make uniform in the District of Columbia the law on fresh pursuit and to authorize the Commissioners of the District of Columbia to cooperate with the States.
Approved July 26, 1939
Statutory text
AN ACT
To make uniform in the District of Columbia the law on fresh pursuit and to authorize the Commissioners of the District of Columbia to cooperate with the States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That any member of a duly organized State, county, or municipal peace unit of any State of the United States who enters the District of Columbia in fresh pursuit and continues within the said District in such fresh pursuit of a person in order to arrest him on the ground that he is believed to have committed a felony in such State shall have the same authority to arrest and hold such person in custody as has any member of any duly organized peace unit of the said District to arrest and hold in custody a person on the ground that he is believed to have committed a felony in the said District.
Sec. 2.
If an arrest is made in the District of Columbia by an officer of another State in accordance with the provisions of section 1 of this Act, he shall without unnecessary delay take the person arrested before a judge of the police court of the District of Columbia, or a United States commissioner for the District of Columbia, who shall conduct a hearing for the purpose of determining the lawfulness
Commitment pending extradition if arrest deemed lawful.
of the arrest. If the judge of the police court of the District of Columbia or the United States commissioner before whom the hearing is conducted determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the chief justice of the District
Discharge if determined unlawful.
Court of the United States for the District of Columbia. If the judge of the police court or the United States commissioner for the District of Columbia, before whom the hearing is held, determines that the arrest was unlawful he shall discharge the person arrested.
Sec. 3.
Section 1 of this Act shall not be construed so as to make unlawful any arrest in this District which would be otherwise lawful.
Sec. 4.
The term “fresh pursuit” used in this Act shall include fresh pursuit as defined by the common law, also the pursuit of a person who has committed a felony or one whom the pursuing officer lso include the pursuit of a person whom the pursuing officer has reasonable grounds to believe has committed a felony, although no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. “Fresh pursuit” as used herein shall not necessarily imply an instant pursuit, but pursuit without unreasonable delay.
Sec. 5.
That if any part of this Act is for any reason declared void, it is declared to be the intent of this Act that such invalidity shall not affect the validity of the remaining portions of this Act.
Sec. 6.
That this Act may be cited as the Uniform Act on Fresh Pursuit.
Approved, July 26, 1939.