1996 US Code
Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
Sec. 3041 - Power of courts and magistrates

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§3041. Power of courts and magistrates

For any offense against the United States, the offender may, by any justice or judge of the United States, or by any United States magistrate, or by any chancellor, judge of a supreme or superior court, chief or first judge of the common pleas, mayor of a city, justice of the peace, or other magistrate, of any state where the offender may be found, and at the expense of the United States, be arrested and imprisoned or released as provided in chapter 207 of this title, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. Copies of the process shall be returned as speedily as may be into the office of the clerk of such court, together with the recognizances of the witnesses for their appearances to testify in the case.

A United States judge or magistrate shall proceed under this section according to rules promulgated by the Supreme Court of the United States. Any state judge or magistrate acting hereunder may proceed according to the usual mode of procedure of his state but his acts and orders shall have no effect beyond determining, pursuant to the provisions of section 3142 of this title, whether to detain or conditionally release the prisoner prior to trial or to discharge him from arrest.

(June 25, 1948, ch. 645, 62 Stat. 815; June 22, 1966, Pub. L. 89–465, §5(a), 80 Stat. 217; Oct. 17, 1968, Pub. L. 90–578, title III, §301(a)(1), (3), 82 Stat. 1115; Oct. 12, 1984, Pub. L. 98–473, title II, §204(a), 98 Stat. 1985.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §591 (R.S. §1014; May 28, 1896, ch. 252, §19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956).

This section was completely rewritten to omit all provisions superseded by Federal Rules of Criminal Procedure, rules 3, 4, 5, 40 and 54(a) which prescribed the procedure for preliminary proceedings and examinations before United States judges and commissioners and for removal proceedings but not for preliminary examinations before State magistrates.

Amendments

1984—Pub. L. 98–473 substituted “determining, pursuant to the provisions of section 3142 of this title, whether to detain or conditionally release the prisoner prior to trial” for “determining to hold the prisoner for trial”.

1968—Pub. L. 90–578 substituted “United States magistrate” and “magistrate” for “United States commissioner” and “commissioner”, respectively.

1966—Pub. L. 89–465 substituted “or released as provided in chapter 207 of this title” for “or bailed”.

Change of Name

Reference to United States magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–465 effective ninety days after June 22, 1966, see section 6 of Pub. L. 89–465, set out as an Effective Date note under section 3146 of this title.

Federal Rules of Criminal Procedure

Commitment to another district; removal, see rule 40, Appendix to this title.

Complaint, see rule 3.

Criminal contempt, admission to bail, see rule 42.

Custody or bail, continuation pending filing of new indictment or information, see rule 12.

Detained witness, direction for taking deposition, see rule 15.

Proceedings before United States magistrate judges, see rule 5.

Release from custody, see rule 46.

Secrecy of indictment pending defendant's custody or release pending trial, see rule 6.

Stay of execution and relief pending review, see rule 38.

Transmission of bail when transfer ordered from the district or division for trial, see rule 21.

Warrant or summons upon complaint, see rule 4.

Warrant or summons upon indictment or information, see rule 9.

Cross References

Arrests—

Searches and seizures, issuance of warrant, see Const. Amend. 4.

Senators and Representatives as privileged from arrest in all cases, except treason, felony and breach of the peace, during their attendance at the session of their respective Houses, and in going to and returning from the same, see Const. Art. I, §6.

Extraterritorial jurisdiction, generally, see section 3042 of this title.

Jurisdiction and venue, see section 3231 et seq. of this title.

Magistrate judges, power to impose conditions of release, see section 636 of Title 28, Judiciary and Judicial Procedure.

Release and detention pending judicial proceedings, see section 3141 et seq. of this title—

Appeal by United States, see section 3731 of this title.

Excessive bail shall not be required, see Const. Amend. 8.

Obstructing justice by false bail, see section 1506 of this title.

United States defined, see section 5 of this title.

United States magistrate judges, see section 631 et seq. of Title 28, Judiciary and Judicial Procedure.

Section Referred to in Other Sections

This section is referred to in sections 3042, 3141, 3152, 3156 of this title; title 16 section 916g; title 26 section 5557.