hypothetical case(all IANAL’s welcome):
what happenes if someone with a warrant for their arrest flees across a state line? can they be arrested and brought back from the other state? say hypothetically, it is not a federal crime that was committed. do people who set up shop in another state have criminal records that would prevent them from working in the new state?
Extradition does occur within the US. Police have available to them databases that list whether a person is wanted. If it shows an out-of-state warrant, they can arrest you. It is then the responsibility of the state that wants you to decide whether they willl bring you back.
Sometimes, if local law enforcement really wants you and they know where you are, they will ask law enforcement at your new location to go get you.
hmm interesting. do routine traffic stops often turn up people wanted for warrants in other states who are then arrested and shipped back? from all the movies i’ve seen(yeah, yeah i know), there always seemed to be something magical about crossing the state line when being pursued by police. in law class we were talking about people getting served papers through various means of deception(disguised as greeting cards etc) and i was wondering if there were legal means for bringing people back from out of state for an in-state crime.
Yes.
Police can cross state lines while in pursuit.
It depends on the type of pursuit. For a routine traffic violation, the police must stop at the state line and radio the police in the next state to pursue if necessary. If they are in pursuit for a more serious offense, then they may continue across state lines but they are not really police after that. They usually must turn their lights off and pursue as citizens and detain the suspect as a citizen’s arrest if the police under jurisdiction are not present when the suspect is caught.
heheh useful information to know. how do my rights change under a citizen’s arrest? do i still get read my miranda rights? do citizen’s arrests involve hancuffs, drawn weapons, and detention by force? i apologize for my morbid curiousity. ( ;
Yes and maybe. Your drivers license number is one of the identifiers that gets flagged with warrant information. When your Friendly Neighborhood Officer pulls you over and checks your license, she’ll get back identifying info, your driver record, and your warrant status.
Shipping back, however, isn’t automatic, therefore the maybe. If Maine wants you for their lowest level crime (no jail time - fine only) and the cops in LA arrest you, Maine might not want to bother picking you up, and other arrangements might be made to get you to take yourself back to Maine. Though, it is a good bet that the more serious the offence, the greater the likelihood that you will get a police escort back to face the original charge.
An example. My brother had a co-worker in Texas pulled over for speeding. The cop learned that she had an Oklahoma warrant for writing a bad check. The cop arrested co-worker and put her in the county jail. Rather than ship co-worker back to Oklahoma, they let her bond out of jail. Now, if co-worker decides not to go to Oklahoma to deal with the charge, she will lose her bond and a new warrant will issue.
I don’t know anything about citizen’s arrest - I’ve only ever dealt with peace officer arrests.
Though, I should point out that it is not arrest that causes you to receive you Miranda warnings. The police only need to Mirandize you if they are going to ask you questions. Miranda rights are to ensure that confessions are knowing and voluntary. If the police don’t want to talk to the person they’ve arrested, then there is no need to Mirandize.
hmm i suppose ‘other crimes’ could include misdemeanors. i guess it just depends on the state that wants you to set the threshold.