Results 1 to 9 of 9

Hybrid View

  1. #1

    Default Can You Be Arrested Out of State on a Statewide Warrant

    My question involves criminal law for the state of: Minnesota issued a warrant for a friend that was state wide only. He has been incarcerated for over 30 days. A week of that was spent in transport. We searched and searched and had his lawyer in Minnesota search and all she could find is a state wide warrant only. He was arrested in Oregon (which is a non extraditable state) and had to be brought in to make sure the warrant was State only. A dispatcher in Minnesota admitted to telling Oregon it was a nation wide warrant. Upon his arrival in Minnesota we have found that is in fact only a Minnesota warrant. What can we do to get him back to his home and job in Oregon? They still to this date have NO statewide warrant.

    Correction! To date they still do not have a nation wide warrant!

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Only a State Wide Warrant Still Extradited

    Once he's in the custody of the state that wants him, they are free to deal with him regarding whatever charge caused the warrant.

    He's not likely to get bail since he has no ties to the state but does have ties far out of state.

  3. #3
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Only a State Wide Warrant Still Extradited

    The only barrier to extradition is whether the agency holding the warrant wants to pay the cost of bringing someone back from wherever they are. In this case, it appears someone came up with the money to do so and your friend was brought back to Minnesota. There's not a lot you can do here except hire a good attorney to defend him against the charges he is facing.

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Only a State Wide Warrant Still Extradited

    An arrest warrant has no geographical limitation. Whether it is “state-wide” or “nationwide” only refers to the databases in which the warrant is entered. They limit warrants to statewide databases for more minor offenses for which they might not want to pay the cost of extraditing the person from some long distance away. In short, the fact that it was limited to being entered into just the state database won’t force Minnesota to release him and let him go back to Oregon.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Only a State Wide Warrant Still Extradited

    I will take a small issue with that, in that an arrest warrant may describe a limited pickup radius even within a state. But if you're picked up outside of the radius, it is up to the jurisdiction that issued the warrant to decide whether or not they will pick you up and transport you back. It's not a violation of your rights to be picked up outside of the radius, or in another state on a warrant that ostensibly called for only statewide pickup, because you have no legal right to be a fugitive.

    In this case, the defendant is in Minnesota, and given the time frame it would seem that he waived extradition proceedings, so he will need to work with a Minnesota criminal defense lawyer to address the charge. The warrant is no longer an issue.

  6. #6
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Can You Be Arrested Out of State on a Statewide Warrant

    Quote Quoting helpinafriend
    View Post
    He was arrested in Oregon (which is a non extraditable state)
    What on earth makes you believe that being in Oregon somehow makes a fugitive from another state safe from extradition? The State of Oregon has extradition procedures just like every other state in the Union. There is no such thing as a “non extraditable state.”

  7. #7
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Can You Be Arrested Out of State on a Statewide Warrant

    Quote Quoting PTPD22
    View Post
    What on earth makes you believe that being in Oregon somehow makes a fugitive from another state safe from extradition? The State of Oregon has extradition procedures just like every other state in the Union. There is no such thing as a “non extraditable state.”
    I believe OP was referring to the fact that the warrant was supposedly in-state pickup only.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can You Be Arrested Out of State on a Statewide Warrant

    I am curious how a third party discovered the geographic limitations on the warrant's entry in the first place! It's not like these are typically on the court order itself, and it would seem a pretty stupid practice to inform any anonymous caller to the agency holding the warrant to advise said caller of the warrant's entry and geographic limitations insofar as extradition goes. Besides, such limitations can change at the whim of the agency involved.

  9. #9
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Can You Be Arrested Out of State on a Statewide Warrant

    Quote Quoting cdwjava
    View Post
    Besides, such limitations can change at the whim of the agency involved.
    As the friend learned in this case.

    1. Sponsored Links
       

Similar Threads

  1. Arrest Warrants: Will You be Arrested While Flying Between States on a Warrant from Another State
    By Popwar in forum Criminal Procedure
    Replies: 6
    Last Post: 01-13-2017, 03:26 PM
  2. Arrest Warrants: Can You Be Arrested at the DMV in Florida if You Have a Warrant in Another State
    By mwilk1992 in forum Criminal Procedure
    Replies: 2
    Last Post: 02-28-2013, 01:34 PM
  3. Arrest Warrants: Arrested and Released on Out of State Warrant
    By templar in forum Criminal Procedure
    Replies: 1
    Last Post: 06-14-2011, 06:22 AM
  4. Speeding Tickets: Washington State, Statewide Crackdown on Speeding, April 9th - May 1st
    By Exhibitionist of Speed in forum Moving Violations, Parking and Traffic Tickets
    Replies: 16
    Last Post: 04-19-2010, 07:14 PM
  5. Arrest Procedure: I Want a State I.D. but Have a Bench Warrant - Can I Be Arrested at the DMV?
    By kidkoala in forum Criminal Procedure
    Replies: 4
    Last Post: 11-04-2008, 04:33 AM
 
 
Sponsored Links

Legal Help, Information and Resources