(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.
(c) Place of Initial Appearance; Transfer to Another District.
(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) Reminder of Prosecutorial Obligation.
(2) Formation of Order. Each judicial council in which a district court is located shall promulgate a model order for the purpose of paragraph (1) that the court may use as it determines is appropriate.
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; Pub. L. 116–182, § 2, Oct. 21, 2020, 134 Stat. 894.)


