Legal Definitions - Removal warrant

A Removal warrant, also known as a warrant of removal, is a federal court order that authorizes the transfer of a person who is in custody in one federal judicial district to another federal judicial district where they are facing criminal charges. Its purpose is to ensure that a defendant can be brought before the court where their prosecution is pending, even if they were initially arrested or are currently held in a different part of the country.

The process typically involves a hearing where a judge determines if there is "sufficient cause" to order the transfer. If the charges are based on a formal indictment (a formal accusation by a grand jury), the warrant can be issued upon presentation of a certified copy of that indictment and confirmation that the person in custody is indeed the individual named in the charges.

• Example 1: Interstate Bank Robbery

  A suspect, Mr. Davies, is arrested in Arizona by federal agents for a bank robbery that occurred in California. Even though Mr. Davies is in custody in Arizona, the federal charges for the bank robbery were filed in a California federal court. To bring Mr. Davies to California to face trial, the California federal court would issue a Removal warrant. This warrant would direct the authorities in Arizona to transfer Mr. Davies to the federal judicial district in California, allowing the prosecution to proceed in the correct jurisdiction.

• Example 2: Charges in Multiple Districts

  Ms. Chen is currently serving a federal sentence for fraud in a prison located in the Southern District of New York. However, new federal charges for money laundering have been filed against her in the District of Massachusetts. To bring Ms. Chen to Massachusetts to answer these new charges, the federal court in Massachusetts would issue a Removal warrant. This warrant would authorize the transfer of Ms. Chen from her current incarceration in New York to the Massachusetts federal court, ensuring she can participate in her defense for the new charges.

• Example 3: Arrest on a Fugitive Warrant

  Mr. Evans is pulled over for a traffic violation in Florida and, during a background check, it's discovered there's an active federal arrest warrant for him issued by a federal court in Georgia for drug trafficking. Mr. Evans is arrested in Florida based on the Georgia warrant. To move Mr. Evans from federal custody in Florida to the federal court in Georgia where the drug trafficking charges originated, a Removal warrant would be issued by the Georgia court. This warrant facilitates his transfer to the "demanding district" (Georgia) to face the charges.