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Defense Diaries

Tunnel Vision: Nebraska v. Dr. Anthony Garcia Ep. 238: Where in the World Is...?

Defense Diaries

Defense Diaries

True Crime

4.62.3K Ratings

🗓️ 18 April 2023

⏱️ 56 minutes

🧾️ Download transcript

Summary

Omaha PD puts together a joint task force which includes police departments as far away as Los Angeles, CA, and as far up the ladder as the FBI. They will finally sit down to interrogate the man they are certain is responsible for the Hunter/Sherman and Brumback murders. Hear that interview in its entirety, within.

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Transcript

Click on a timestamp to play from that location

0:00.0

So what happens when a crime is committed in one state and the suspect is arrested in

0:10.8

a completely different state?

0:13.1

Does the state wherein the arrest took place have the jurisdiction over the person or does

0:17.8

that state have jurisdiction over the matter itself, the crime, meaning can that state

0:24.3

try the defendant in its state for the crimes committed in another?

0:29.7

Man, I wish I knew, so I could explain it to you all.

0:33.8

Skidding, obviously.

0:36.0

These types of situations happen all the time, even though it seems that we primarily

0:40.1

hear about extradition with respect to criminals fleeing and seeking asylum in other countries

0:45.7

in order to avoid extradition.

0:48.1

The fact is that it occurs all the time in the United States.

0:52.2

And someone commits a crime and takes off only to get snagged in another state by law enforcement.

0:57.6

To answer the first couple of questions I posed above, the answer is yes, as to personal

1:02.6

jurisdiction over the arrested individual, at least for the time being, and the answer

1:07.2

is no, as to whether the arresting state can try the defendant for crimes committed in

1:12.7

another state because it doesn't have jurisdiction because the harm didn't take place in that

1:18.6

state.

1:19.6

So that is when extradition comes into play.

1:22.2

Now each state in the United States is sovereign, but no felon can seek asylum in another state

1:27.9

from the crimes that they committed in that other state.

1:32.1

Why?

1:33.1

Because of my favorite document in existence, the US Constitution, of course.

...

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