Social media influencer Andrew Tate was arrested in Miami, Florida on July 18, 2026. Along with his brother Tristan, Andrew is detained in federal custody pursuant to extradition action. This case is facilitated by the federal government of the United States at the request of the Crown Prosecution Service of the United Kingdom. The Crown Prosecution Service has filed 59 combined charges against Andrew and Tristan Tate, including rape, sexual abuse and human trafficking. Once these charges were filed, the Crown Prosecution Service contacted the US federal government to begin the extradition process.
“Extradition” is the formal legal process where one government seeks to obtain custody of a person in the domain of another government for the purpose of pursuing criminal charges. Extradition at the international level is governed my various international treaties along with express agreements between individual governments. In the case of the Tates, extradition involves interaction between the governments of the United States and the United Kingdom. The Tates are both dual citizens of these countries, and also face criminal charges in Romania – this extradition will be subject to international law.
However, extradition laws also exist within the United States, and govern how an accused person may be detained and legally transported from one state to another, within our country. Extraditions between states is governed by a combination of state and federal law. At the federal level, the Extradition Clause (Article IV, Section 2) of the United States Constitution and 18 USC § 3182 provide a backdrop for state legislation.
Indiana’s extradition laws are codified in Indiana Code § 35-33-10-3 the “Uniform Criminal Extradition Act” (UCEA). This section states in paragraph 2 “ it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, a felony, or other crime who has fled from justice and is found in this state.” As you can see, the Indiana UCEA only applies to extraditions between states within the United States. An extradition request by a foreign government is subject to federal, and not state, jurisdiction.
When one state within the country notifies Indiana that the other state wishes to extradite, a formal request must be made in accordance with the UCEA. Specifically, the request must be made in writing and accompanied by the appropriate documents. For example, if the state of North Carolina wishes to extradite a person from Indiana to North Carolina, the state of North Carolina must formally request extradition in writing and include an authenticated copy of an indictment or information that “substantially charge(s)” the subject with having committed a crime in North Carolina.
Once such a demand is made upon the governor of Indiana, the governor may recruit the attorney general of Indiana or any prosecuting officer within the state to investigate and assist in the extradition request. The assisting agencies may then obtain authority to take an individual into custody on the warrant. In part 2 of this blog, we will review how an extradition proceeding plays out in Indiana, and what to expect from the process.
