What's warranted here? (LEO question)

Sac Arrow

Sac Arrow

Touchdown! Greaser!
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Charlotte, NC
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Snorting his way across the USA
Scenario:

Murder is committed in Georgia. Suspect is residing in DC. Georgia has enough evidence to charge.

Murder is committed in Maryland by same suspect, but there is not enough evidence to charge.

FBI is investigating same suspect for unrelated murders in Florida. There is not enough evidence to charge. FBI is in charge as it is suspected domestic terrorism.

Who gets primacy here?

a) Georgia charges suspect, issues warrant and files for extradition. Maryland and FBI remain on holding pattern.

b) FBI files charges on suspect and issues warrant for Georgia murder on basis that perp has left state lines.

c) FBI files charges on suspect and issues warrant for Georgia murder on basis that the perp is suspect in two other states and is a suspected serial killer and domestic terrorist.
 
I see what you did there; nothing warrants any further contribution on my part.
 
Murder is a state crime unless a specific federal element is involved — such as the murder of a federal official, a killing on federal land, a murder-for-hire involving interstate commerce, or connections to drug trafficking, RICO, terrorism, etc. Just because the person killed someone in Georgia then ran to another state afterword does not by itself make it a federal crime, it simply makes them a 'fugitive from justice'. The constitution provides the framework for how extraditions must be handled and statuary law clarifies that it applies to D.C (18 U.S. Code § 3182).

In your scenario, the FBI would need to convince the DOJ to bring federal charges, and based on the facts presented, there’s no legal basis to do that yet. Georgia isn’t going to sit around just because the FBI might eventually build a case. They would issue an arrest warrant and request extradition from D.C.

The suspect could try to fight the extradition in D.C. court, but that’s rarely successful unless it’s something clear-cut — like a case of mistaken identity. The legal framework is designed so that any real challenge to the underlying charges happens back in Georgia.
 
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What happens when the fed and the other state does get enough evidence to charge? To they wait in line?

Also, would it be routine for the FBI to help investigate a state crime without actually making it a federal issue?
 
Sac Arrow said:
What happens when the fed and the other state does get enough evidence to charge? To they wait in line?
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Yes, basically, they wait. whoever has the suspect in custody goes first, and the others either wait, request transfer (send them to us now, temporarily), or file detainers (send them to us when you're done with them).
Sac Arrow said:
Also, would it be routine for the FBI to help investigate a state crime without actually making it a federal issue?
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Yes, the FBI has many joint task forces with state and local agencies. The FBI acts as an investigator, not a prosecutor. The prosecution happens by whomever happens to have the jurisdiction related to what their investigation uncovered.
 
Sac Arrow said:
What happens when the fed and the other state does get enough evidence to charge? To they wait in line?

Also, would it be routine for the FBI to help investigate a state crime without actually making it a federal issue?
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They wait in line or they work it out. Whoever has the best evidence or the most resources might go first. If they get a conviction with a severe enough sentence, the others might or might find it worthwhile to bring additional charges. I don't think the feds will usually bother in other than exceptional circumstances.
 
jesse said:
Yes, basically, they wait. whoever has the suspect in custody goes first
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Not always. If a different state had a higher crime, say 1st degree murder (the way most states consider it) vs manslaughter. Often the state with the lower crime will let the other state go first, but holding the right to try the person if the first trial doesn't get a conviction.
 
Sac Arrow said:
Scenario:

Murder is committed in Georgia. Suspect is residing in DC. Georgia has enough evidence to charge.

Murder is committed in Maryland by same suspect, but there is not enough evidence to charge.

FBI is investigating same suspect for unrelated murders in Florida. There is not enough evidence to charge. FBI is in charge as it is suspected domestic terrorism.

Who gets primacy here?

a) Georgia charges suspect, issues warrant and files for extradition. Maryland and FBI remain on holding pattern.

b) FBI files charges on suspect and issues warrant for Georgia murder on basis that perp has left state lines.

c) FBI files charges on suspect and issues warrant for Georgia murder on basis that the perp is suspect in two other states and is a suspected serial killer and domestic terrorist.
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In the real world, the suspect is arrested and extradited to GA and held without bond. It will likely require a year to bring the case to trial. The other cases will follow if the person is indicted.
 
DUDE! You need to stop writing about this and get yourself a lawyer!!!!!!!!!!!!!!!!!!!
 
jesse said:
Murder is a state crime unless a specific federal element is involved — such as the murder of a federal official, a killing on federal land, a murder-for-hire involving interstate commerce, or connections to drug trafficking, RICO, terrorism, etc. Just because the person killed someone in Georgia then ran to another state afterword does not by itself make it a federal crime, it simply makes them a 'fugitive from justice'. The constitution provides the framework for how extraditions must be handled and statuary law
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???
salle-de-la-venus-de-milo.jpg
 
If we pull up your tail number on flightaware, we won’t see flights between Georgia, Maryland and Florida by any chance?
 
Chrisgoesflying said:
If we pull up your tail number on flightaware, we won’t see flights between Georgia, Maryland and Florida by any chance?
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No, you would see them between California, Arizona and Nevada. I wouldn't post my actual crimes flights on a public message board.
 
Lindberg said:
They wait in line or they work it out. Whoever has the best evidence or the most resources might go first. If they get a conviction with a severe enough sentence, the others might or might find it worthwhile to bring additional charges. I don't think the feds will usually bother in other than exceptional circumstances.
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:yeahthat:
Whatever state officials have them in custody on their own state charge has first dibs. Other than that they work it out. And sometimes it's worked out before anyone has them.
 
M20K said:
Oh, I obviously missed something. Is he trying to get out of an arrest for murder?

And then asking for advice in an online pilot's site.... Gotta love it.
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I'm assuming (or better, hoping) it's research for a new book, considering he's an author. But, one never knows I guess lol.
 
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