Page:United States Statutes at Large Volume 76A.djvu/602

–506– -506(d) This section does not apply to arrests outside the Canal Zone, which are governed by Kule 5 of the Federal Kules of Criminal Procedure. § 3782. Release by peace officer without appearance before magistrate (a) A peace officer may release from custody, instead of taking before a magistrate, any person arrested without a warrant whenever: (1) the peace officer is satisfied that there is no ground for making a criminal complaint against the person arrested; or (2) the person arrested was arrested for intoxication only, and no further proceedings are desirable. (b) If a person is released pursuant to subsection (a)(1) of this section, the record of the arrest shall include a record of the release and thereafter the proceedings shall be deemed a detention only and not an arrest. § 3783. Admission to bail in subdivision of arrest (a) If a defendant is arrested in a subdivision other than the subdivision wherein the offense was committed, the officer shall, upon being required by the defendant, take him before the magistrate of the subdivision of arrest, who may admit the defendant to bail to answer within a reasonable time before the magistrate of the subdivision wherein the offense was committed. (b) Upon the taking of bail as provided by subsection (a) of this section, the magistrate shall certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer having charge of the defendant. The officer shall then release the defendant from custody, and without delay deliver the warrant and undertaking to the magistrate before whom the defendant is required to appear. (c) If, on the admission of the defendant to bail as provided by subsection (a) of this section, the bail is not forthwith given, the officer shall take the defendant before the magistrate of the subdivision wherein the offense was committed. Subchapter II—Preliminary Examination by Magistrates of Offenses Triable in District Court § 3801. Preliminary examination (a) Unless waived by both parties, when a person is charged with an offense not triable before a magistrate, the magistrate shall hold a preliminary examination. (b) The magistrate shall inform the defendant of the complaint against him, of his right to retain counsel and of his right to have a preliminary examination. H e shall also inform the defendant that he is not required to make a statement and that any statement made by him may be used against him. The magistrate shall allow the defendant reasonable time and opportunity to consult counsel and shall admit the defendant to bail as provided in this title and the Federal Rules of Criminal Procedure. (c) The defendant shall not be called upon to plead. If both parties waive preliminary examination, the magistrate shall forthwith hold the defendant to answer in the district court. If examination is not waived, the magistrate shall hear the evidence in a reasonable time. The defendant may cross-examine witnesses against him and may introduce evidence in his own behalf. If from the evidence it appears to the magistrate that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the magistrate shall forthwith hold him to answer in the district court; otherwise the magistrate shall discharge him. The magistrate shall

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