Hey there,

question to the US-people here:

lets say a suspect comes to the attention of the sheriff in county A and is caught by the sheriff in county B. Is there any possibility, the sheriff from county A could take the suspect back to A from county B? I'm sure the suspect would fall under the jurisdiction on the county where he was caught (B), but could sheriff B allow an extradition to sheriff A? Is that a matter of latitude or are there unalterable rules in place?

Thanks.

I'm no expert, but it might depend on what the suspect is suspected of. Also, the county's size. Some are very small and might work with other surrounding counties almost as one. Regardless, I would imagine the person would be handed over to the county where he's wanted. Unless that person was caught in the other county committing some kind of crime there too...then I don't know.  

Police Departments have budgets. Transporting a prisoner costs money. This is true in all developed countries. Usually the department that wants the suspect will have to come and collect them... just because of cost.

But, you're the writer, this could be a case where two departments are cooperating for a certain reason.

You're safe either way, but if the latter then I'd suggest there being a specific reason.

Also, here in the UK we have a separate private security service that are in charge of transporting prisoners. Maybe the US uses similar companies... or perhaps the state has its own transportation trucks that only drive to prisons.

I am not a cop nor in the legal profession, however, I have an Anerican Express card. Depends on the crime. Absolutely they will transfer because most crimes are is laid out in state laws. Yet, if you drank in a dry county and ran to a wet county, maybe not.

Thanks for your answers,

In my case it's kind of a stalker who's stalking a family. She gets caught in the family house in county A but is released, as the family refuses to file a complaint (they've got their reasons), so the sheriff lets her go. She then follows some people from the family to another county and is caught stalking them there too. It's a little more complicated, but that's basically it. Now I need her to be given back to the sheriff in county A, and I'm wondering if that is possible. Or would it even be possible that sheriff A follows her to county B and arrests her there himself?

The sheriff driving there and picking her up wouldn't be a problem. He is a friend of the family, so he could do that.

American law enforcement is complicated

Thanks again!

If you want one percent accuracy you need to consult an expert. I'm guessing it's a Byzantine area of law (because so is every other area of law), not to mention one that varies state to state.

Even if technically no state has inter-county jurisdictional rules that allow for this sort of transfer, that doesn't mean it would never happen. Rules are bent or broken in law enforcement from time to time (some might say often). If we're talking small, rural counties, I doubt there's much oversight.

Of course, if a lawyer got wind of even the smallest violation hell would be raised... but as long as you give the sheriff, or someone else with authority, a believable motive to break the rules the audience should buy it.

The concept of a greedy, corrupt, dishonest politician or law enforcement official will not be a stretch for the general public to buy into.

First. in the United States Counties are legal entities for specific geographic area that includes other legal entities with their own law enforcement and what are referred to as unincorporated areas.  For example, L.A. County (where I used to work) has 88 cities within it's boundaries. Many of those cities have their own law enforcement (LAPD, Compton Police, etc.), some contract with the County Sheriff for law enforcement and the Sheriff is the de-facto law enforcement agency for all unincorporated areas.  I only point out this garbage because the question is actually even more complicated than the one you asked because in many cases there are cities within Counties that have a legal standing that overrides the Sheriff. e.g., if your crime occurred in downtown LA than the Sheriff would not be involved at all - the LAPD would.

Anyway ------ in terms of your specific example. In general, these are the rules:

"Sheriff A" has no jurisdiction over your stalker and has no legal right (at least the way you described it) to have the prisoner transferred from Sheriff B. In order to establish that right, Sheriff A needs to get an arrest warrant issued by a County "A" Judge.  

Assuming that they have probable cause to make an arrest, officers of the law can only legally make warrantless arrests in these two circumstances:

1. When the crime is committed in the officer's presence. For example, a police officer, on routine patrol, sees a driver strike a pedestrian and drive off without stopping (the crime of "hit and run"). The police officer can pursue the driver and place him in custody.

2. When the officer has probable cause to believe that the suspect committed a felony, whether or not the deed was done in the officer's presence.

So - since there are no formal complaints in your story. Your Sheriff needs to establish probable cause for a crime and convince a judge to issue a warrant for the arrest of your stalker in order to bring him back to jail in County A.

And - it is further complicated by the fact that in your scenario your stalker is under arrest for a crime in County B. (i.e., otherwise she would not be in custody).  

AND - it is further complicated by the fact that specific counties and states enter into agreements related to multi-jurisdiction cases. Each state creates its own laws determining the territorial jurisdiction of its officers. Permission to arrest is usually in the form of a written law that says who can make arrests in the state and under what circumstances. Many states have laws allowing cities, municipalities, and counties within the state to make similar agreements with each other. It’s common for neighboring cities and counties—especially in densely populated areas—to have written agreements by which officers may arrest in multiple jurisdictions.

Okay - enough of the bull shit - the point was just that it is not a simple answer. However, there is a realistic one that can be made up for your story.

1. Your victims, after being stalked to another County now decide to file a complaint with Sheriff A for the original stalking.

2. Your Sheriiff A gets a Judge to issue an arrest warrant based on this complaint. A Judge in County A grants the warrant.

3. Sheriff A sends the warrant to Sheriff B - who under the inter jurisdictional agreement between Counties A and B transfers the inmate to Sheriff A's custody.

Hope that helps.

Hey eldave,

thanks a lot for your detailed answer, that helps a lot. In the case of my story, I was hoping to create a situation where the stalker is given the choice: Either go to a psychiatric clinic in county A, or a complaint is filed and she'll walk down the lawsuit way. Either way, in order to get to that point, I need to find a suitable way to give sheriff A access to her while she's in a cell in county B - possibly without a judge and all that. Would it be too absurd if sheriff A talked to sheriff B about her and convince him to give her that choice? Is it unrealistic sheriff A would visit the sheriff office in county B and talk to the sheriff there?

Thanks again.

I don't think you can do anything to her without due process, and that includes a judge. Unless your county sheriff's are less than honorable.

Quoted from Equinox Hey eldave, thanks a lot for your detailed answer, that helps a lot. In the case of my story, I was hoping to create a situation where the stalker is given the choice: Either go to a psychiatric clinic in county A, or a complaint is filed and she'll walk down the lawsuit way. Either way, in order to get to that point, I need to find a suitable way to give sheriff A access to her while she's in a cell in county B - possibly without a judge and all that. Would it be too absurd if sheriff A talked to sheriff B about her and convince him to give her that choice? Is it unrealistic sheriff A would visit the sheriff office in county B and talk to the sheriff there? Thanks again.

A sheriff in one county would extend a courtesy to a sheriff in another County to interview a prisoner but only typically if they were investigating a crime (in which case the person being interviewed would be given their Miranda rights). Sheriff A would have no ability to bargain away any crimes committed in Sheriff B's jurisdiction and since Sheriff A did not file the  complaint then there is no charge in his jurisdiction. In addition - Sheriff's don't make plea deals - District Attorneys do.