SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

L.Ed.2 nd 441]; see also Ker v. Illinois (1886) 119 U.S. 436 [30
L.Ed. 421]; People v. Salcido (2008) 44 Cal.4 th 93, 119-126.)
Unlawful Flight to Avoid Prosecution (“UFAP”): 18 U.S.C. § 1073;
The Fugitive Felon Act:
Scope: This federal statute provides criminal penalties for
unlawful flight to avoid prosecution, confinement, giving of
testimony, or to avoid service of process. ($5,000 fine and/or 5
years in prison.)
The primary purpose of the statute is to give the federal
government the jurisdiction to assist in the location and
apprehension of fugitives from state justice, through the use of a
“UFAP Warrant.”
Procedure:
A federal complaint for unlawful flight to avoid
prosecution is appropriate where there is probable cause to
believe that the fugitive has fled and that his flight was for
the purpose of avoiding prosecution and that he has moved
or traveled in interstate or foreign commerce.
The mere absence from the state without evidence
of an intent to avoid prosecution is not sufficient.
(In re King (1970) 3 Cal.3 rd 226, 236, fn. 8.)
Although not legally required, state prosecution should
have been commenced by complaint, warrant, indictment,
or information, prior to issuance of the federal complaint.
However, it is not necessary that the flight itself
occur prior to the initiation of the prosecution.
(Lupino v. United States (8 th Cir. 1959) 268 F.2 nd
799.)
Certified copies of the charging documents should be
delivered to the Unites States Attorney’s Office.
UFAP specifically applies as well to parental kidnapping and
interstate or international flight to avoid prosecution for that crime.
The Department of Justice has established guidelines for
issuing warrants in these cases which require independent
© 2011 Robert C. Phillips. All rights reserved
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