§ 3041. Power of courts and magistrates

600 words·~3 min read·/usc/title-18/section-3041

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 judge, 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 judge 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; Pub. L. 89–465, § 5(a), June 22, 1966, 80 Stat. 217; Pub. L. 90–578, title III, § 301(a)(1), (3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 98–473, title II, § 204(a), Oct. 12, 1984, 98 Stat. 1985; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

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This section was completely rewritten to omit all provisions superseded by Federal Rules of Criminal Procedure, rules 3, 4, 5, 40 and 54(a) which prescribed the procedure for preliminary proceedings and examinations before United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.

Connections11 cite this · traces to 3

Cited by 11 sections · top 8

statutes-at-large

Public Law 93–617
to authorize the striking of medals in commemoration of the one hundredth anniversary of the cable car in San Francisco” (Public Law 93–114), [87 Stat. 417](/us/stat/87/417).approved October 1, 1973, is amended by striking out “December 31, 1974” and inserting in lieu thereof “December 31, 1976”

U.S. Code

Traces to 3 documents

U.S. Code

20 references not yet in our index

June 25, 1948, ch. 645
62 Stat. 815
Pub. L. 89–465, § 5(a)
80 Stat. 217
Pub. L. 90–578, title III, § 301(a)(1)
82 Stat. 1115
Pub. L. 98–473, title II, § 204(a)
98 Stat. 1985
Pub. L. 101–650, title III, § 321
104 Stat. 5117
May 28, 1896, ch. 252, § 19
29 Stat. 184
Mar. 2, 1901, ch. 814
31 Stat. 956
Pub. L. 98–473
Pub. L. 90–578
Pub. L. 89–465
section 321 of Pub. L. 101–650
section 403 of Pub. L. 90–578
section 6 of Pub. L. 89–465

Citation graph

cites case law

§ 3041

Power of courts and magistrates

U.S.C.×8

Fed. Reg.×2

Stat.×1

U.S.C.§ 3142

U.S.C.§ 631

U.S.C.§ 3146

ActJune 25, 1948, ch. 645

Stat.62 Stat. 815

Pub. L.Pub. L. 89–465, § 5(a)

Stat.80 Stat. 217

Pub. L.Pub. L. 90–578, title III, § 301(a)(1)

Cites 23 · showing 8Cited by 11 across 3 sources