Jurisdiction of the FBI -- real life and TV/Movies

[jsc1953]

Not sure if this is a GQ or CS thread; but since it has a partial factual answer, I’ll start here.

As I understand it, the FBI only has jurisdiction over federal crimes, or in tracking fugitives that cross state boundaries. They also offer support to local law enforcement (fingerprint databases and the like).

So for a TV show, such as “Without a Trace” to depict the FBI as swooping in to investigate missing persons/kidnappings is totally bogus, right?

And Silence of the Lambs – was there any explanation as to why the FBI was involved in finding Buffalo Bill?

[BobT]

Indeed the FBI does not trace missing persons, unless they suspect the person is kidnapped. Or perhaps is wanted for a Federal crime.

It wouldn’t be a great use of the FBI’s resources to spend time looking for runaways and such.

[MEBuckner]

@jsc1953

So for a TV show, such as “Without a Trace” to depict the FBI as swooping in to investigate missing persons/kidnappings is totally bogus, right?

18 U.S.C. 1201 makes kidnapping where the victim is transported across state lines a federal offense. However, the law seems to have been written to make it as easy as possible to get the Feds involved:

With respect to subsection (a)(1), above, the failure to release the victim within twenty-four hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away shall create a rebuttable presumption that such person has been transported to interstate or foreign commerce. Notwithstanding the preceding sentence, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section before the 24-hour period has ended.

I guess if the FBI gets involved and catches the kidnappers, and it turns out the kindappers never actually crossed a state line, the Feds can just turn the kidnappers over to local authorities for prosecution under the appropriate state law.

And Silence of the Lambs – was there any explanation as to why the FBI was involved in finding Buffalo Bill?

Buffalo Bill committed murders in several states. I believe he even transported people from one state to another before killing them.

[jsc1953]

@MEBuckner

18 U.S.C. 1201 makes kidnapping where the victim is transported across state lines a federal offense. However, the law seems to have been written to make it as easy as possible to get the Feds involved.

So the FBI investigating a kidnapping is plausible. The FBI getting involved when the person has been missing (not necessarily kidnapped) for 6 hours, and may just be stuck in traffic somewhere, is Extremely Unlikely. Got it.

[Crandolph]

I believe Silence… was in the DC area… Are there categories of crime that fall under federal jurisdiction in DC that would not in a state? How about the “senator’s daughter” component of the last BBill victim - does a federal official’s immediate family member involved automatically bump the feds into the picture?

[Martin_Hyde]

It isn’t bogus at all for the FBI to get involved in kidnappings. Anytime there is suspicion that someone has been kidnapped and taken across state lines the FBI has a valid interest in the case.

Also of course local law enforcement can ask the FBI for help since they may often need the FBI’s national resources.