Prerequisites to Issuance of Federal Complaint in Aid of States
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DOJ Justice Manual › Title 9: Criminal › 9-69.000 - Protection Of Government Processes › Justice Manual § 9-69.420
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A complaint for violation of the Fugitive Felon Act should not be authorized unless there is probable cause to believe that the fugitive moved in interstate or foreign commerce with the intent of avoiding a felony prosecution under the laws of the place from which he fled. In addition, it should be clear that the requesting state authorities are determined to take all necessary steps to extradite or otherwise secure the return of the fugitive, and that it is their intention to bring him to trial on the state charge for which he is sought.
In considering requests for issuing complaints under the Act, care should be exercised to prevent use of the Act to assist in enforcement of any state statute with a clearly discriminatory purpose or in the discriminatory application of an otherwise lawful statute. Similarly, caution should be exercised to prevent use of FBI investigative resources to compel discharge of civil obligations. Thus, requests for federal involvement in worthless check violations, or in desertion/non-support cases should be scrutinized carefully.
[cited in
JM 9-69.421
]
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.