This Article regards what sort of probable cause that a magistrate needs when he issues a provisional arrest warrant, is it probable cause that the person from another country actually committed the crime underlying the extradition request or is it probable cause that the person actually has been charged by a foreign country with a crime? This Article, which is divided into three parts, analyzes the developing case law in this area. First, because the probable cause standard is found in the Fourth Amendment, the Article briefly analyzes how that standard has been applied by the courts in criminal cases. Next, the Article discusses the application of the probable cause standard at extradition hearings, a practice which is well established. Lastly, the Article explores how courts have analyzed challenges to provisional arrest warrants.
Foreign Extradition, Provisional Arrest Warrants, and Probable Cause,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol43/iss2/5