SANDS v. McCORMICK

No. 06-3281.

502 F.3d 263 (2007)

Cynthia SANDS, Appellant v. Robert McCORMICK, Sergeant, Berwick Police Department; Gary E. Norton, District Attorney of Columbia County, Pennsylvania.

United States Court of Appeals, Third Circuit.

Filed: September 18, 2007.


Attorney(s) appearing for the Case

David B. Dowling, Esquire, (Argued), James J. Jarecki, Esquire, Rhoads & Sinon, LLP, Harrisburg, PA, Attorneys for Appellant, Cynthia Sands.

Chester C. Corse, Jr., Attorney, (Argued), Pottsville, PA, Attorney for Appellee, Gary E. Norton.

David J. Macmain, Esquire, Timothy J. Kepner, Esquire, Montgomery, McCracken, Walker & Rhoads, LLP, Philadelphia, PA, Attorneys for Appellee, Robert McCormick.

Before: SLOVITER, WEIS and ROTH, Circuit Judges.


OPINION

WEIS, Circuit Judge.

In this appeal we conclude that a district attorney's use of the extradition process rather than accepting an out-of-state accused's offer to return for a preliminary hearing when scheduled did not establish a constitutional violation. We also decide that a police officer's affidavit of probable cause was not deficient because the statute of limitations had expired before a criminal complaint was filed. Moreover, we conclude...

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