(B) A person making an arrest outside the United States must take the defendant without unnecessary delay before a magistrate judge, unless a statute provides otherwise.
(ii) an attorney for the government moves promptly, in the district where the warrant was issued, to dismiss the complaint.
(C) If a defendant is arrested for failing to appear in another district, Rule 40 applies.
(B) if a magistrate judge is not reasonably available, the initial appearance may be before a state or local judicial officer.
(B) in an adjacent district if:
(ii) the offense was allegedly committed there and the initial appearance will occur on the day of arrest.
(B) if the defendant was arrested without a warrant, the district court where the offense was allegedly committed must first issue a warrant before the magistrate judge transfers the defendant to that district;
(C) the magistrate judge must conduct a preliminary hearing if required by Rule 5.1;
(D) the magistrate judge must transfer the defendant to the district where the offense was allegedly committed if:
(ii) the judge finds that the defendant is the same person named in the indictment, information, or warrant; and
(B) the defendant’s right to retain counsel or to request that counsel be appointed if the defendant cannot obtain counsel;
(C) the circumstances, if any, under which the defendant may secure pretrial release;
(D) any right to a preliminary hearing;
(E) the defendant’s right not to make a statement, and that any statement made may be used against the defendant; and
(F) that a defendant who is not a United States citizen may request that an attorney for the government or a federal law enforcement official notify a consular officer from the defendant’s country of nationality that the defendant has been arrested — but that even without the defendant’s request, a treaty or other international agreement may require consular notification.
(3) Detention or Release. The judge must detain or release the defendant as provided by statute or these rules.
(4) Plea. A defendant may be asked to plead only under Rule 10.
(f) Video Teleconferencing. Video teleconferencing may be used to conduct an appearance under this rule if the defendant consents.
US Supreme Court // ©
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 28, 1982, eff. Aug. 1, 1982; Pub. L. 98–473, title II, §209(a), Oct. 12, 1984, 98 Stat. 1986; Mar. 9, 1987, eff. Aug. 1, 1987; May 1, 1990, eff. Dec. 1, 1990; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 23, 2012, eff. Dec. 1, 2012; Apr. 25, 2014, eff. Dec. 1, 2014.)






