Indiana Code 35-33-3-2. Hearing before judge; commitment for extradition or discharge
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Terms Used In Indiana Code 35-33-3-2
- Arrest: Taking physical custody of a person by lawful authority.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
Sec. 2. If an arrest is made in this state by an officer of another state in accordance with the provisions of section 1 of this chapter, he shall, without unnecessary delay, take the person arrested before a judge of the county in which the arrest was made. The judge shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state. If the judge determines that the arrest was unlawful, he shall discharge the person arrested.
As added by Acts 1981, P.L.298, SEC.2.