[QUOTE=W. Rabbit;2830552]Not orders the person to turn themselves in, but there are a lot of laws in many places that will criminalize the behavior of people avoiding arrest warrants they know about.
It does vary between jurisdictions but MOST places have additional laws in place when someone is a FUGITIVE. War Machine is currently a fugitive. He didn’t bail on some parking tickets, he allegedly nearly murdered Christy Mack.
There is arrest warrant, and then there is “outstanding arrest warrant”, ie one not served to the individual (as is often the case with fugitives). When you know an arrest warrant is out for you, and you do certain things to avoid capture, you’re considered a fugitive and MANY laws kick in.
Intentionally evading law enforcement can be a crime in a number of ways (esp when it comes to the vehicle code of many states…it’s illegal from a MV POV to run from cops in a car when you know you have a warrant out for you etc…in CA you can get a felony for reckless evasion etc).
If you cross state borders to escape a state law enforcement, you can end up violating federal law too.
In the laws the two words “willfully” and “purposefully” come into play a lot. If you willfully and purposefully evade law enforcement (with a car, crossing borders, using an accomplice, etc), chances are you are breaking some law and when the LEF finally catch you, a lot of the charges they pile on are going to say “willfully and purposefully”.[/QUOTE]
We are not talking about eluding, felony or otherwise, in a vehicle or on foot, etc etc., or being a fugitive. WM has multiple arrest warrants out of Clark County Nevada. If he shows up in Bonners Ferry, Idaho gets pulled over on a traffic stop in the construction zone on the south hill of HWY 95, the officer/deputy/trooper will run him NCIC, his wanted status will get relayed from dispatch, and he will be arrested.
The court will assign a CIVIL case number to his case as a FUGITIVE TO IDAHO…that’s not a special crime in Idaho. He can waive extradition or not, will get an initial appearance in front of the local Magistrate Judge. If he doesn’t waive extradition, he can hire an attorney or apply for a public defender. Otherwise, Clark County, Nevada is advised to come pick his ass up ASAP or otherwise arrange for transport back to Nevada.
We get a lot of “fugitives to Idaho”, and I’ve never heard anything about them being pursued for crossing state lines. I’ve never seen the local prosecutor go after any of our “fugitives from Idaho” with Federal law, or of the Feds prosecuting for that. Now, if they are wanted for some sort of US Code Felony,that might be different.
Having an outstanding arrest warrant isn’t any different than having an arrest warrant…if it’s not served, it’s outstanding. Once it’s served, it’s not outstanding.
I found this bit of info…I’m not chasing it any further at this point. Could well apply to WM, although he is not accused of committing a Federal crime.
http://www.shouselaw.com/nevada/federal-fugitive-laws.html
Here is the US Code…
http://www.law.cornell.edu/uscode/text/18/1073
So the Feds have to pursue him if this law applies.