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Criminal Resource Manual

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Criminal Resource Manual
CRM 500-999

616. Complaint for Provisional Arrest with a View Towards Extradition

UNITED STATES DISTRICT COURT

FOR THE

_______ DISTRICT OF ________

IN THE MATTER OF

THE EXTRADITION OF Misc. No.

_________________

COMPLAINT FOR PROVISIONAL ARREST

WITH A VIEW TOWARDS EXTRADITION

(18 U.S.C. sec. 3184)

I, the undersigned Assistant United States Attorney, being duly sworn, state on information and belief that the following is true and correct:
  1. In this matter I act for and on behalf of the Government of _________________;
  2. There is an Extradition Treaty in force between the United States and ______________________, ________[cite]___________;
  3. The treaty provides in Article ____ for the provisional arrest and detention of fugitives pending the submission of a formal request and supporting documents;
  4. In accordance with Article __ of the treaty, the Government of ____ has asked the United States for the provisional arrest of ____[name of fugitive]____ with a view towards his/her extradition;
  5. According to the information provided by the requesting state in the form authorized by the treaty, ___[name of fugitive]____ was charged with ____ count(s) of ___[offense___], in violation of Section ___ of the Criminal Code of _______, committed within the jurisdiction of __________ and a warrant for his arrest was issued on __[date]__ by ________, a ___[judge/magistrate___] of __________;
  6. The warrant was issued on the basis of the following facts:
  7. The offense with which ___[name of fugitive___] is charged is provided for in Article ___ of the Extradition Treaty cited above;
  8. __[Name of fugitive]___ may be found within the jurisdiction of this court ___[give location]___,
  9. The requesting state has represented that it will submit a formal request for extradition, supported by the documents specified in the treaty, within ___days, as required by Article ___of the Extradition Treaty.
WHEREFORE, the undersigned complainant requests that a warrant for the arrest of the a forenamed person be issued in accordance with Title 18, United States Code, Section 3184, and the Extradition Treaty between the United States and ______.

_________________________________
ASSISTANT UNITED STATES ATTORNEY

Sworn to before me and subscribed in my presence this ___ day of _________, 199_, at ___[city, state___].

___________________________________
UNITED STATES MAGISTRATE