“ Authorities have issued a nationwide warrant for Morgan’s arrest.”
Grandstanding much? States issue arrest warrants with the agreement to extradite. Officers, when faced with a foreign jurisdiction warrant will not arrest unless they can confirm the jurisdiction will extradite. And it isn’t like other states will be going to look for him. If they encounter him, and the above issues are met, they will take action.
“States issue arrest warrants with the agreement to extradite. Officers, when faced with a foreign jurisdiction warrant will not arrest unless they can confirm the jurisdiction will extradite. And it isn’t like other states will be going to look for him. If they encounter him, and the above issues are met, they will take action.”
No sane state is going to order their armed officers to take action on an armed federal agent to prosecute an extradite process in this questionable case.
I can see a potential problem if local police officers, with pointing guns surprise armed federal officers. Lots of shooting may take place with a lot of dead people.
This case is weak as while federal agents do not have absolutely immune from state laws while carrying out their duties but they have a strong form of protection under the U.S. Constitution’s Supremacy Clause in many situations.
For example a similar issue was brought forth in the Ruby Ridge case, Idaho v. Horiuchi, 215 F.3d 986 (9th Cir. 2000).
Horiuchi was an FBI officer who fatally shot an unarmed woman during an FBI raid on a ranch in Idaho. He had intended to shoot the armed man near to her.
The state of Idaho subsequently brought criminal charges against the federal officer for involuntary manslaughter of the woman.
The court dismissed the charges. The officer was immune from the state charges through the Supremacy Clause because they found that Horiuchi was acting within the scope of his duties at the time, and he “reasonably thought” his actions were necessary and proper.