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Procedure 6014Santa Ana Police Department Santa Ana PD Procedures Manual Copyright Lexipol, LLC 2022/07/20, All Rights Reserved. Published with permission by Santa Ana Police DepartmentINTERSTATE EXTRADITION - 1INTERSTATE EXTRADITION 6014.1 PURPOSE These procedures are intended to act as guidelines for the interstate extradition of a fugitive whose Santa Ana Police Department's criminal case was filed with the Orange County District Attorney's Office and approved for such extradition. Procedures have been established by the Orange County District Attorney's Office for the orderly extradition and transport of all authorized Santa Ana Police Department fugitive suspects by the Orange County Sheriff's Department Fugitive Extraditions Unit. 6014.2 POLICY The Santa Ana Police Department will seek counsel and approval from the Orange County District Attorney's Office on all extraditions. 6014.3 DEFINITIONS Extradition: The surrender, by one nation or state to another, of an individual accused or convicted of an offense outside its own territory and within the territorial jurisdiction of the other, which being competent to try and punish the individual, demands surrender. Interstate extradition: The right of one state to demand from the asylum state the surrender of a fugitive from justice from the demanding state when the fugitive is found in the asylum state. Asylum state: Where the fugitive or defendant is found. Demanding state: The state which seeks to extradite the fugitive. Fugitive: An individual who is accused or convicted of a crime in one state and is later found in another state, regardless of the manner of or reason for departure from the first state. Governor or Executive Authority: Any person performing the functions of the governor under the state law. Requisition: The formal demand made by the governor of the demanding state upon the governor of the asylum state and upon which the governor's warrant is based. Waiver of Extradition: A waiver by the accused of the issuance and service of a Governor's Rendition Warrant, and consent to be transported to the demanding state. 6014.4 SOURCES OF INTERSTATE EXTRADITION LAW 1.Extradition Clause of the United States Constitution, Article IV, Section 2, Clause 2 2.The Federal Extradition Act of 1793, Title 18 United States Code, Section 3181-3195 3.Uniform Criminal Extradition Act of 1936, California Penal Code Section 1547-1558 Santa Ana Police Department Santa Ana PD Procedures Manual INTERSTATE EXTRADITION Copyright Lexipol, LLC 2022/07/20, All Rights Reserved. Published with permission by Santa Ana Police DepartmentINTERSTATE EXTRADITION - 26014.5 OVERVIEW OF THE NATIONAL EXTRADITION PROCESS (a)When an arrest warrant has been issued and the defendant fails to appear, the prosecutor generally makes a determination whether the particular defendant should be returned through the extradition process if the defendant is found in another state. If so, the warrant is lodged with the National Criminal Information Center (NCIC), a nationwide computer service which is available to all law enforcement agencies. Note: California arrest warrants for the crime of murder are automatically entered with the NCIC. (b)As a general rule the extradition process begins when a local law enforcement officer in the asylum state learns that there is an out-of-state warrant against a person whom the officer has located within the officer's jurisdiction. The officer may lawfully take the person into custody upon reasonable belief that the person is charged with a crime in another state, provided that the offense is a felony. As a practical matter, if the officer takes the fugitive into custody based on information of an outstanding charge, the first thing the officer should do is contact the prosecuting authorities of the demanding state to determine if they will proceed with extradition. (Sometimes circumstances relating to a case may change so as to change the initial decision to extradite.) If the state courts honor pre-signed waivers of extradition, the officer should also inquire whether the person signed such a waiver as a condition of release on bail, probation, or parole in the demanding state. If so, the officer should request that certified copies of the pertinent documents be sent immediately. If there was no prior waiver and the demanding state's authority indicates it will proceed with extradition, the officer should inform the person of that fact and ask whether the person wishes to waive extradition. (c)If the person indicates a wish to waive extradition, the officer should take the person before a local magistrate and have the person execute a written waiver. If the person does not wish to waive extradition, the law enforcement officer should immediately prepare a fugitive complaint charging the person with being a fugitive. Note: for asylum states being a California agency, California Penal Code 1551.1 – Arrest of Fugitive. The officer should request that a certified copy of the charging document and warrant in the demanding state be forwarded immediately. Also, the officer should send booking photographs and fingerprints to the demanding state, to be returned immediately with an identifying affidavit for possible use in an identity hearing, and for inclusion in the formal extradition papers. (d)As soon as possible after the person's arrest, the fugitive complaint should be filed and the person should be taken before a magistrate for arraignment on the complaint. Where possible, a certified copy of the charging document and warrant from the demanding state should be attached to the complaint in support thereof. If those documents are not available at