Seger v. Camp

I respectfully dissent. As the majority opinion notes, a judicial determination of probable cause must precede extradition. Here, while the South Carolina arrest warrants issued by the magistrate contain a recital about “reasonable grounds to believe” that petitioner committed assault and battery with intent to kill in one warrant and robbery while armed with a deadly weapon in the other, this recital, by its own terms, is based on an attached affidavit made in each instance by Lt. Wagner.

*726Each affidavit commences with the words “The affiant states that there is probable cause to believe that…