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Title 18 — Crimes and Criminal Procedure

Part II · Chapter 209 — Extradition

§ 3184. Fugitives from foreign country to United States

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 3184

    June 25, 1948, ch. 645, 62 Stat. 822

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 822

  2. Federal Magistrates Act

    Pub. L. 90–578 title III § 301(a)(3) · 82 Stat. 1107

    Substituted · 18 U.S.C. § 3184

    Pub. L. 90–578 substituted “magistrate” for “commissioner” in two places

    Source evidence

    Code amendment note
    Pub. L. 90–578 substituted “magistrate” for “commissioner” in two places.

    Enacted provision · exact public law section
    (3) striking out the word “commissioner” wherever it appears in relation to a United States Commissioner, and inserting in lieu thereof the word “magistrate”;

    Effective date note
    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.

  3. Minor and Technical Criminal Law Amendments Act of 1988

    Pub. L. 100–690 title VII § 7087 · 102 Stat. 4181

    Inserted · 18 U.S.C. § 3184

    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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 7087. AUTHORITY TO OBTAIN ARREST WARRANT FOR FOREIGN FUGITIVE WHOSE SPECIFIC WHEREABOUTS ARE NOT KNOWN. Section 3184 of title 18, United States Code, is amended by inserting after the first sentence the following: “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.”.

  4. Crime Control Act of 1990

    Pub. L. 101–647 title XVI § 1605 · 104 Stat. 4789

    Inserted · 18 U.S.C. § 3184

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    SEC. 1605. ARREST OF FUGITIVE ABOUT TO ENTER UNITED STATES. Section 3184 of title 18, United States Code, is amended by inserting “or, if there is reason to believe the person will shortly enter the United States” after “if the whereabouts within the United States of the person charged are not known”.

  5. Pub. L. 104–132 title IV § 443(b) · 110 Stat. 1214

    1. Inserted · 18 U.S.C. § 3184

      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

    2. Inserted · 18 U.S.C. § 3184

      Pub. L. 104–132, in first sentence, inserted “or under section 3181(b),” after “treaty or convention,”

    Source evidence

    Code amendment note
    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,”.

    Enacted provision · exact public law section
    (b) Fugitives.— Section 3184 of title 18, United States Code, is amended— (1) in the first sentence by inserting after “United States and any foreign government,” the following: “or in cases arising under section 3181(b),”; (2) in the first sentence by inserting after “treaty or convention,” the following: “or provided for under section 3181(b),”; and (3) in the third sentence by inserting after “treaty or convention,” the following: “or under section 3181(b),”.

5 of 6 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 651 (R.S. § 5270; June 6, 1900, ch. 793, 31 Stat. 656).

Minor changes of phraseology were made.

Editorial Notes

Amendments1968–1996 · 4 rounds

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.

Statutory Notes and Related Subsidiaries

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.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–578 effective , 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 , see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Credits

1948–1996 · 6 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 822
  2. 1968Pub. L. 90–578, title III, § 301(a)(3), , 82 Stat. 1115
  3. 1988Pub. L. 100–690, title VII, § 7087, , 102 Stat. 4409
  4. 1990Pub. L. 101–647, title XVI, § 1605, , 104 Stat. 4843
  5. 1990Pub. L. 101–650, title III, § 321, , 104 Stat. 5117
  6. 1996Pub. L. 104–132, title IV, § 443(b), , 110 Stat. 1281.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 90–578, title III, § 301(a)(3), , 82 Stat. 1115; Pub. L. 100–690, title VII, § 7087, , 102 Stat. 4409; Pub. L. 101–647, title XVI, § 1605, , 104 Stat. 4843; Pub. L. 101–650, title III, § 321, , 104 Stat. 5117; Pub. L. 104–132, title IV, § 443(b), , 110 Stat. 1281.)

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