§ 3184. — Fugitives from foreign country to United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3184]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 209--EXTRADITION
Sec. 3184. Fugitives from foreign country to United States
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.
(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.
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.
Section Referred to in Other Sections
This section is referred to in section 3186 of this title.
