When someone leaves the ship in handcuffs

[Husky61]

I understand what you are saying ref extradition being between states, but Cruzaholic41 also had it correct. In the state of Florida, as in most states, the issuing agency has to enter the extent of the extradition. Minor warrants usually either say no extradition, surrounding counties only, in-state only, surrounding states only, and so on. Either way, anything outside of the issuing county is still considered an extradition.

 

In the case someone else cited, given the distance between those counties, that particular warrant had to of, at least, said Florida extradition.

 

Let me see if I can clear this up for you.

 

The term "extradition" applies only to situations where a person is in one state and wanted for a criminal offense in another state. Within the same state, people can be transported from one county to another to face charges with no court intervention. The only obstacle is that the jurisdiction that wants the prisoner has to be willing to fetch them from wherever they are. Some areas have private transportation services that move prisoners from one jail to another on a regular route and schedule.

 

If a warrant was issued out of Broward County and the wanted person was arrested in another county, there is no extradition hearing and the person in custody does not have the option of waiving extradition or fighting extradition.

 

I hope that explains the principle of extradition.:):)

[chengkp75]

Hoo, boy.

[Aquahound]

Hoo, boy.

 

You know, I just sat here and wrote a 10 minute diatribe about just how knowledgable I am on the subject, but then I asked myself....I said, self, is this really worth it? The answer is.....nope! So I'll just move on. :)

Edited July 24, 2015 by Aquahound

[chengkp75]

You know, I just sat here and wrote a 10 minute diatribe about just how knowledgable I am on the subject, but then I asked myself....I said, self, is this really worth it? The answer is.....nope! So I'll just move on. :)

 

Been there, done that, Aqua.

[sparks1093]

You know, I just sat here and wrote a 10 minute diatribe about just how knowledgable I am on the subject, but then I asked myself....I said, self, is this really worth it? The answer is.....nope! So I'll just move on. :)

 

I applaud your self restraint.

Edited July 24, 2015 by sparks1093

[Husky61]

You know, I just sat here and wrote a 10 minute diatribe about just how knowledgable I am on the subject, but then I asked myself....I said, self, is this really worth it? The answer is.....nope! So I'll just move on. :)

 

Let me ask you, are you involved in the justice system?:)

[Husky61]

I applaud your self restraint.

 

Self restraint from what? The extradition process is very clear in the U.S. There is no intrastate extradition process.:)

[sparks1093]

Self restraint from what? The extradition process is very clear in the U.S. There is no intrastate extradition process.:)

 

I would expect that someone in Aqua's position knows more about the extradition process than any of us.

[RDC1]

We saw this on our first cruise out of New Orleans. They stopped our car at the gate, led a dog around it and then looked under the car with a mirror. After boarding we watched them take the dog around all of the supplies coming aboard. Hasn't happened since.

 

Returning from a tour at Calica we noticed several pieces of luggage near the gate. We went topside to watch the pier runners and saw them stop 2 young men. They were kept outside the gate until the gangplank was pulled. Then they were allowed to retrieve their luggage and leave in a taxi. Have no idea what this was about, but I hope that they had their passports.

 

The checks on vehicles coming into a port facility is usually for explosives, especially since 9/11.

[notentirelynormal]

I would expect that someone in Aqua's position knows more about the extradition process than any of us.

 

Yup, have to agree. Unfortunately there are some on here that know stuff but don't really know all of it. Then you get the guys like Aquahound and Chengkp75 that really know the stuff and they get people that argue with them. Look Husky61, there is the written law and the law how it is practiced. We can all say the law says it goes A B C but in reality it goes B C D. There are some that are on these boards whose opinions, for better or worse, have value because they have been there, done that. We don't have to always agree with them but we certainly have to respect their experience. I'm going to put myself out on a limb here, but I'm guessing that Aquahound has boarded more ships and arrested a ton more people than you have. Let's see - a lawyer's point of view - a person on a ship protecting us on our coasts? Umm, let me see? :confused:

[lady_cruiser]

Let me ask you, are you involved in the justice system?:)

 

The majority of us who know Aquahounf can tell you YES he is in the judicial system and next time you are in Key West and see a CG cutter wave, he just might be on duty.

 

He doesn't need to defend himself when there are plenty enough of us out here willing to do it for him.

[Husky61]

I would expect that someone in Aqua's position knows more about the extradition process than any of us.

 

I don't know what position aquahound is in so I can't comment on his expertise. I can only state that I worked in the justice system for many years, including extradition, and the process is quite clear for a lawyer or a layman.

[tetleytea]

but I'm guessing that Aquahound has boarded more ships and arrested a ton more people than you have

 

I have heard this before, where cops measured their expertise based on the number of arrests they made or the number of people they shot--as if shooting someone was some kind of rite of passage. The measure of a cop's goodness is how many lives they have saved--not how many lives they have taken. Likewise, if a cop is able to fight the same crime without making an arrest, that cop is the better one.

Edited July 25, 2015 by tetleytea

[SadieN]

I don't know what position aquahound is in so I can't comment on his expertise. I can only state that I worked in the justice system for many years, including extradition, and the process is quite clear for a lawyer or a layman.

 

 

But, as you know, laws are different from State to State. Do you know exactly what is Florida's county-to-county extradition process? Or are you assuming it's like the other states?

[notentirelynormal]

I have heard this before, where cops measured their expertise based on the number of arrests they made or the number of people they shot--as if shooting someone was some kind of rite of passage. The measure of a cop's goodness is how many lives they have saved--not how many lives they have taken. Likewise, if a cop is able to fight the same crime without making an arrest, that cop is the better one.

 

Aquahound works for the Coast Guard. Those are the people protecting our country's water. From his comments on these boards I see him as respectful and knowledgeable. I would think anyone in this job for many years, like him, would most certainly have made some arrests on both small ships and cruise ships.

 

He is not cop and has certainly not proudly bragged about shooting or even about arresting people. Not sure how you got there from my comment. I'm guessing he has saved many lives from arresting people smuggling drugs though.

Edited July 25, 2015 by notentirelynormal

[Husky61]

But, as you know, laws are different from State to State. Do you know exactly what is Florida's county-to-county extradition process? Or are you assuming it's like the other states?

 

Sadie,

By legal definition Extradition is,

 

The transfer of an accused from one state or country to another state or country that seeks to place the accused on trial.

Extradition comes into play when a person charged with a crime under state statutes flees the state. An individual charged with a federal crime may be moved from one state to another without any extradition procedures.

 

 

 

Uniform Criminal Extradition Act

 

An extradition is surrendering the custody of an accused from one state or country to another state or country to place the accused on trial or punishment. In deciding extradition matters, an asylum state must comply with:

 

• The Extradition Clause
  

 

• The federal statute and
  

 

• The Uniform Criminal Extradition Act (UCEA ).
  

The federal constitutional and statutory provisions control the extradition process. All the states must follow the guidelines in the U.S. constitution and the federal statute.

 

Since an in state warrant does not fall under constitutional requirements for a hearing before a magistrate, extradition/rendition is not a necessary or required proceeding in any state. Florida nor any other state I am aware of has a extradition/rendition process for in state warrants.

 

Why would they?

 

I am not an attorney, but I was employed as a law enforcement official for many years, part of that time as the commander of the fugitive Bureau of a large California agency.:):)

[tetleytea]

Aquahound works for the Coast Guard. Those are the people protecting our country's water. From his comments on these boards I see him as respectful and knowledgeable. I would think anyone in this job for many years, like him, would most certainly have made some arrests on both small ships and cruise ships.

 

He is not cop and has certainly not proudly bragged about shooting or even about arresting people. Not sure how you got there from my comment. I'm guessing he has saved many lives from arresting people smuggling drugs though.

 

Whatever...law enforcement. Secret Service, Border patrol, Coast Guard, INS...all are enforcing the law. I think Coast Guard has got it going on, especially Search & Rescue: big, strong, tough guys--and can hold a baby. I'd hate to be going up against them on an episode of The Bachelorette.

 

I got from your posting that you were measuring their expertise based on the number of arrests they have made. Sadly, that happens, and it's a cultural thing that is negatively impacting America.

[Aquahound]

I have heard this before, where cops measured their expertise based on the number of arrests they made or the number of people they shot--as if shooting someone was some kind of rite of passage. The measure of a cop's goodness is how many lives they have saved--not how many lives they have taken. Likewise, if a cop is able to fight the same crime without making an arrest, that cop is the better one.

 

Alright, I was bowing out, but now I feel I need to speak up because this is a little more personal.

 

I'm not a cop. I was for several years, preceded by several years active duty CG but after obtaining my degree, I moved up to my current position with the CG. But don't misunderstand me. I have the utmost respect for anyone wearing the badge, even rookies, because I know the challenges of their job....despite how the mainstream and social media likes to portray them lately.....that's a different topic though...sorry. :rolleyes:

 

First, this thread is about persons getting arrested off cruise ships, and about warrants and, well, other things I promised not to get back in to. Cops, agents, special agents, etc, arrest on probable cause, complaints, indictments, warrants, etc...in most cases there is a victim wanting to press charges. Warrants, in particular, are usually worded something like "You are commanded to arrest..." That takes away all discretion from an officer. So no, avoiding that arrest does not better make a cop, especially when there is a victim involved.

 

I've never shot anyone, and in my vast network of LE friends, I only know one who has. He had to during a SWAT standoff and it still bothers him to this day, even though he saved another's life in the process. I was there when he did it and it was a sobering moment for everyone. :(

 

All this said, I do respect your opinion and your right to express it. :)

 

And by the way, I could never last as a contestant on the Bachelorette. I just don't have enough drama in my life......unless Cruise Critic counts. :D

Edited July 25, 2015 by Aquahound

[tetleytea]

My dad got pulled over and had an arrest warrant turn up. The cop said, "technically I'm supposed to arrest you, but if you will just follow me to the station...". He went, he got it cleared up: a case of mistaken identity. Whether the cop had discretion or not, he certainly used it; and you had better believe that I chalk that up to his credit.

 

I really hope these guys are SURE when they lead people off the ship in handcuffs. I don't know, I'll give them the benefit of the doubt, but....

[reallyitsmema]

My dad got pulled over and had an arrest warrant turn up. The cop said, "technically I'm supposed to arrest you, but if you will just follow me to the station...". He went, he got it cleared up: a case of mistaken identity. Whether the cop had discretion or not, he certainly used it; and you had better believe that I chalk that up to his credit.

 

I really hope these guys are SURE when they lead people off the ship in handcuffs. I don't know, I'll give them the benefit of the doubt, but....

 

Well, that cop made a poor choice. Giving someone the benefit of the doubt has gotten people killed in the past. Procedures need to be followed to protect all of us, including the police officer.

[Husky61]

Well, that cop made a poor choice. Giving someone the benefit of the doubt has gotten people killed in the past. Procedures need to be followed to protect all of us, including the police officer.

 

What was poor about the choice the officer made to not arrest the detainee?:confused:

[sfaaa]

I have heard this before, where cops measured their expertise based on the number of arrests they made or the number of people they shot--as if shooting someone was some kind of rite of passage. The measure of a cop's goodness is how many lives they have saved--not how many lives they have taken. Likewise, if a cop is able to fight the same crime without making an arrest, that cop is the better one.

 

You heard? Yeah, must be true. :rolleyes:

[SadieN]

Sadie,

By legal definition Extradition is,

 

The transfer of an accused from one state or country to another state or country that seeks to place the accused on trial.

Extradition comes into play when a person charged with a crime under state statutes flees the state. An individual charged with a federal crime may be moved from one state to another without any extradition procedures.

 

 

 

Uniform Criminal Extradition Act

 

An extradition is surrendering the custody of an accused from one state or country to another state or country to place the accused on trial or punishment. In deciding extradition matters, an asylum state must comply with:

 

• The Extradition Clause
  

 

• The federal statute and
  

 

• The Uniform Criminal Extradition Act (UCEA ).
  

The federal constitutional and statutory provisions control the extradition process. All the states must follow the guidelines in the U.S. constitution and the federal statute.

 

Since an in state warrant does not fall under constitutional requirements for a hearing before a magistrate, extradition/rendition is not a necessary or required proceeding in any state. Florida nor any other state I am aware of has a extradition/rendition process for in state warrants.

 

Why would they?

 

I am not an attorney, but I was employed as a law enforcement official for many years, part of that time as the commander of the fugitive Bureau of a large California agency.:):)

 

 

So, nothing specific about Florida. Much different than California, which as you know has its own odd laws.

[notentirelynormal]

Tetleytea and Husky61 both seem to have their own agenda. Tetleytea had a close relative that got pulled over and feels it was injustice and that all police start off as a holes. Husky61, on the other hand, knows it all because he was in law enforcement in Washington state and that is the bottom line. All laws revolve around his knowledge.

There is nothing that any of us can say to change their opinions. Cop hater and "I know the law" guy. No one else's experience counts.

[chengkp75]

I think both sides are correct. While not strictly extradition in legal terms, intra-state transfers of offenders appears to be referred to as extradition. I've done a quick google search, and found several sites that refer to extradition between counties, and even found a job description of the Bay County Extradition Coordinator, which includes the duties of handling extradition with other counties spelled out.

 

I think we're parsing legal terms here, but then again, I've never been in the law enforcement or legal arenas, nor have I ever played one on TV.