§ 29-06-06 — Hearing before local magistrate and order thereon

1. If an arrest is made in this state by an officer of another state in accordance with the
provisions of section 29-06-05, the officer, without unnecessary delay, shall take the
person arrested before a magistrate of the county in which the arrest was made, who
shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If
the magistrate determines that the arrest was lawful, the magistrate shall commit the
person arrested to await for a reasonable time the issuance of an extradition warrant
by the governor of this state, or shall admit the person to bail for such purpose. If the
magistrate determines that the arrest was unlawful, the magistrate shall discharge the
person arrested.
2. Notwithstanding the provisions of chapter 29-30.3 and subsection 1, a person arrested
for a misdemeanor or traffic violation pursuant to section 29-06-05 may voluntarily
return to the foreign state without a hearing before a magistrate.