# Justice Manual § 9-69.502: Escape from Custody Resulting from Conviction (18 U.S.C. § § 751 and 752)—Prosecution Policy

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-69.502

## Section

- **Citation:** Justice Manual § 9-69.502
- **Heading:** Escape from Custody Resulting from Conviction (18 U.S.C. § § 751 and 752)—Prosecution Policy
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-69.000 - Protection Of Government Processes / Justice Manual § 9-69.502

## Text

As a result of decisions handed down by the United States Supreme Court, it is clear that warrants are required to enter premises to arrest escapees from federal custody under 18 U.S.C. § 751 in all cases except where consent or exigent circumstances exist. It is clear from these decisions that in some cases an arrest warrant coupled with a reasonable belief that the escapee is in the premises is sufficient for a lawful entry. As a result of these decisions, and in order to provide federal law enforcement officers with all available legal process for the accomplishment of arrests of federal escapees, prosecutors are instructed that in all federal escape cases the issuance of a magistrate's complaint and arrest warrant should be authorized promptly upon completion of the investigation and presentation of the matter to the United States Attorney's Office by the agency involved. Many local law enforcement agencies will not assist in the search for federal escapees if there is no arrest warrant for the escapee. Thus, by promptly issuing the arrest warrant, prosecutors will insure the full cooperation of local law enforcement agencies in the search for and apprehension of the escapee.

Authorization of a complaint and arrest warrant should not be deferred until after apprehension of the escapee. Reevaluation of the prosecutive merit of the individual escape case in which a complaint is authorized may be made after the escapee has been apprehended. At that later time, prosecutors may determine that the case does not merit proceeding further and dismiss the complaint, or the escapee may be indicted within thirty or sixty days, 18 U.S.C. § 3161(b), depending on the availability of a grand jury, and proceed with the prosecution. However, by prompt authorization of the issuance of a magistrate's complaint and warrant, prosecutors will make available to the enforcement agencies legal process which will be sufficient to permit entry into private premises.

## Nearby sections

- [Justice Manual § 9-69.010 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-69.010.md)
- [Justice Manual § 9-69.100 Protection of Government Processes—Obstruction of Justice](https://www.frixlaw.com/law-library/statutes/JM_S9-69.100.md)
- [Justice Manual § 9-69.200 Perjury and False Declarations Before Grand Jury or Court—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-69.200.md)
- [Justice Manual § 9-69.300 Prison Offenses (18 U.S.C. § § 1791-1793)](https://www.frixlaw.com/law-library/statutes/JM_S9-69.300.md)
- [Justice Manual § 9-69.400 Fugitive Felon Act—18 U.S.C. § 1073](https://www.frixlaw.com/law-library/statutes/JM_S9-69.400.md)
- [Justice Manual § 9-69.420 Prerequisites to Issuance of Federal Complaint in Aid of States](https://www.frixlaw.com/law-library/statutes/JM_S9-69.420.md)
- [Justice Manual § 9-69.421 Parental Kidnapping](https://www.frixlaw.com/law-library/statutes/JM_S9-69.421.md)
- [Justice Manual § 9-69.422 Unlawful Flight Warrants for Juvenile Offenders](https://www.frixlaw.com/law-library/statutes/JM_S9-69.422.md)
- [Justice Manual § 9-69.430 Unlawful Flight to Avoid Custody or Confinement After Conviction](https://www.frixlaw.com/law-library/statutes/JM_S9-69.430.md)
- [Justice Manual § 9-69.440 Unlawful Flight to Avoid Giving Testimony](https://www.frixlaw.com/law-library/statutes/JM_S9-69.440.md)
- [Justice Manual § 9-69.460 Federal Information; Indictment; Removal —Approval Required](https://www.frixlaw.com/law-library/statutes/JM_S9-69.460.md)
- [Justice Manual § 9-69.502 Escape from Custody Resulting from Conviction (18 U.S.C. § § 751 and 752)—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-69.502.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-69.502. Check the current official text before relying on it. Not legal advice.