Tennessee warrant in Maryland
Hello. I know of someone that just found out after more than a decade that her husband has a warrant for his arrest. First of all do these ever go away? As mentioned its been over a decade and closer to two. If this ever came about (i'm not sure how often it does between different states) could she possibly get in trouble?
I'll attempt to reply to both of your questions.
1. If the warrant out of Tennessee calls for the arrest of the friend's husband on a misdemeanor charge, it would expire after five years. (Tenn. Code Section 40-6-206)
I don't find a specific statute in Tennessee giving the life of a felony arrest warrant, but generally a felony warrant can be executed without limitation as to time.
(I trust that you understand that any warrant out of Tennessee can only be effective when served within the borders of the state. Meaning that it would take the process of extradition in order to have the husband apprehended and returned to Tennessee from another sister state. Also, misdemeanor warrants aren't generally honored for purposes of interstate extradition.)
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2. Could you friend
"get in trouble" because she is living with her husband who may be a fugitive? Not likely.
First she is not subject to any harboring and accessory laws of the state of Tennessee.
Secondly there would need to be a request from the Governor of Tennessee for the issuance of a Maryland Governor's warrant of arrest and its issuance. (
Maryland Statutes Section 9-107)
Thirdly, she would need to have awareness of the existence of the Maryland Governor's warrant of arrest.
Lastly, she would need to found guilty of engaging in some conduct intended at preventing, hindering, frustrating, or obstructing law enforcement in making such an arrest.
In sum, the essence of the crime of harboring is conduct intended to “
prevent the fugitive's discovery or arrest,” See:
United States Court of Appeals, Ninth Circuit. U. S. vs. Patricia King Hill No. 00-30023. Decided: January 29, 2002
