Arrest and Related Procedures

ORS 133.763
Facts documents must show


A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that:

(1)

Except in cases arising under ORS 133.767 (Extradition of person not present in demanding state at time of commission of crime), the accused, when demanded upon a charge of crime, was present in the demanding state at the time of the commission of the alleged crime and thereafter fled from that state;

(2)

The person demanded is in this state; and

(3)

They constitute full compliance with the requirements of ORS 133.753 (Form of demand). [Formerly 147.050]

See annotations under ORS 147.050 in permanent edition.

§§ 133.743 to 133.857

See also annotations under ORS chapter 147 in permanent edition.

Notes of Decisions

This Act was adopted to facilitate the interjurisdictional transfer of prisoners. Bishop v. Cupp, 7 Or App 349, 490 P2d 524 (1971)

Interjurisdictional transfers to clear up charges protect the prisoner's constitutional right to a speedy trial and the state's interest in the orderly administration of justice. Bishop v. Cupp, 7 Or App 349, 490 P2d 524 (1971)


Source

Last accessed
Jun. 26, 2021