Page:United States Statutes at Large Volume 84 Part 1.djvu/689

 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

631

otherwise prevents or attempts to prevent the seizure of, evidence subject to seizure shall be fined not more than $5,000 or imprisoned for Penalty. not more than 5 years, or both. " (e) As used in this section and in subchapters II and IV, the terms ^nt^/f,^^.^^'i,^^. 'break and enter' and 'breaking and entering' include any use of fng^nd ent7r'.' ' physical force or violence or other unauthorized entry but do not i"g'" include entry obtained by trick or strategem. "Chapter 7.—EXTRADITION A N D FUGITIVES FROM JUSTICE "Sec.

"23-701. "23-702. "23-703. "23-704. "23-705. "23-706. "23-707.

Warrants for the arrest of fugitives from justice. Procedure on arrest of fugitives. Failure to appear. Extradition. Removal proceedings and returns to foreign countries not affected. Confinement. Definitions.

"§ 23-701. Warrants for the arrest of fugitives from justice "Whenever any person who is (1) within the District of Columbia, (2) charged with any offense committed in any State, and (3) liable by the Constitution and laws of the United States to be delivered over upon the demand of the Governor of that State, any judge of the Superior Court may, upon complaint on oath or aifirmation of any credible witness, setting forth the offense, that the person is a fugitive from justice, and such other matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person so charged before the Superior Court, to answer the complaint. "§23-702. Procedure on arrest of fugitives " (a) Any person arrested upon a warrant issued pursuant to section 23-701, or arrested within the District of Columbia as a fugitive from justice without a warrant having been issued, shall be taken before the Criminal Division of the Superior Court for preliminary examination on a complaint charging him as a fugitive. "(b) If, upon the examination of the person charged, it shall appear to the court that there is reasonable cause to believe that the complaint is true and that the person may be lawfully demanded of the chief judge, the person shall be detained or released according to law, in like manner as if the offense had been committed in the District of Columbia, to appear before the court at a future date, allowing thirty days to obtain a requisition from the Governor of the State from which the person is a fugitive. The complaint of fugitivity from another jurisdiction shall create a presumption that the person is unlikely to appear if released, which may be overcome only by clear and convincing proof. "(c) If the person so released or detained shall appear before the court upon the day ordered, he shall be discharged, unless he shall be demanded by requisition, pursuant to subsection (g) of this section or section 23-704, or unless the court shall find cause to detain or to release him as provided by subsection (b) until a later day; but regardless of whether the person shall be detained or released as provided in subsection (b) or discharged, his delivery to any person authorized by the warrant of the Governor shall be a discharge of any bond or obligation. " (d) The Chief of Police of the Metropolitan Police Department shall give notice to the police official or sheriff of the city or county from which the person is a fugitive that the person is so held in the District of Columbia.

47-348 O - 72 - 44 (Pt. 1)

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