Page:United States Statutes at Large Volume 76A.djvu/606

–510– -510§ 3846. Harmless error; plain error (a) An error, defect, iregularity or variance which does not affect substantial rights shall be disregarded by a magistrate's court. (b) Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court. § 3847. Application of general provisions The following provisions of this chapter apply in the magistrates' courts unless otherwise provided therein or unless by their nature they are clearly inapplicable: (1) sections 3502-3505, 3506(a), and 3507-3511 of this title, relating to criminal procedure generally; (2) sections 4551-4557, 4559, 4591^596, 4631^635, 4671-4673, 4701, 4703, and 4704 of this title, relating to bail; (3) sections 4741-4743 of this title, relating to search and seizure; ^4^ sections 4821-4824 of this title, as to compromising crimes; (5) sections 4861-4868 of this title, relating to mental incompetency of a defendant; (6) sections 4901-4907 of this title, relating to disposal of property stolen or embezzled; (7) sections 4941-4944 of this title, relating to corporations as defendants; and (8) chapter 237, section 4981 et seq. of this title, relating to criminal extradition and removal. § 3848. Double jeopardy Sections 3541-3545 and 3547 of this title, relating to double jeopardy, apply in the magistrates' courts. References in those sections to an information apply to a complaint in an action triable in a magistrate's court. § 3849. Security to keep the peace Sections 3611-3621 and 3623 of this title, relating to security to keep the peace, apply in the magistrates' courts. § 3850. Limitation of actions Sections 3663 and 3664 of this title, relating to limitation of actions, apply in the magistrates' courts. Subchapter II—Complaint, Arrest, Trial, and Judgment § 3881. Complaint, warrant, and arrest Sections 3701,3702, and 3731-3744 of this title relating to complaint, warrant, and arrest, apply in the magistrates' courts. § 3882. Appearance before magistrate (a) Sections 3781-3783 of this title, relating to the taking of a defendant before a magistrate and release by a peace officer without appearance before a magistrate, apply in the magistrates' courts. (b) Sections 3801-3806 of this title, relating to preliminary examinations, apply to proceedings before magistrates in actions not triable in the magistrates' courts. (c) Section 4014 of this title applies to the remand of causes to the magistrates' courts. § 3883. Postponement or continuance of trial Upon good cause shown by either party to a criminal action in a magistrate's court: (1) the commencement of the trial may be postponed for a reasonable period; or (2) after commencement of the trial a continuance for a reasonable period may be granted.

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