When federal agents show up to arrest someone on a 3-million-dollar warrant, you figure that person won’t be seen for a while.   Not the case with Brian Lee Hudson.  He was arrested at a Spokane homeless shelter, yet returned a week later.  According to a story in the Spokesman-Review, Hudson “was set free when he made his first appearance in Spokane County Superior Court because necessary paperwork hadn’t arrived from Gov. Arnold Schwarzenegger’s office in Sacramento, Calif.”

I suppose it is helpful to have a good criminal defense lawyer, but sometimes defendants simply catch a break because they are lucky.  (I guess the unlucky party would be the public.)  According to the article, the suspect surprisingly went back to the same homeless shelter after he was released.  You would think that he would have hit the road and tried to hide out.  These extradition cases are a real pain in the butt for prosecutors to deal with.  A lot of people are surprised by this, but unless a defendant waives his right to extradition, a state really needs a warrant signed by the governor in order to return a fugitive to face charges.  I can remember as a prosecutor how the State of California was pretty bad about follow up on these things.   It seemed like the parole officers would always claim that they would want to extradite a fugitive, but after Washington would hold them for a few weeks, California would change its mind.  A lot of times a defense lawyer will advise his or her client to waive extradition to expedite the process.  Usually extradition among the 50 states is inevitable; it is not like extradition issues between countries.  A lot of people are not aware of it, but many Indian Tribes have extradition laws as well.  For example, the Colville Tribes have a policy codified here.  The county jurisdictions should not be bringing tribal members to State courts without the approval of the Tribal Court.  Most countries do not have extradition policies or restrictions within their boundaries.  The interstate extradition issues as faced in Brian Hudson’s case are a result of States’ rights here in the U.S.   Lately, in Washington and Idaho, conservatives have been championing the notion of State sovereignty.   My guess is that the interstate extradition laws will probably be reformed avoid problems such as what happened with Brian Hudson.

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