49 lines
2.2 KiB
Plaintext
49 lines
2.2 KiB
Plaintext
|
|
|||
|
|
LEGAL BRIEF
|
|||
|
|
|
|||
|
|
By
|
|||
|
|
|
|||
|
|
Special Agent Jeffrey Higginbotham,
|
|||
|
|
Legal Instructor, FBI Academy
|
|||
|
|
|
|||
|
|
|
|||
|
|
In May 13, 1991, the U.S. Supreme Court decided in "County
|
|||
|
|
of Riverside v. McLaughlin" that the U.S. Constitution requires
|
|||
|
|
a judicial determination of probable cause within a prompt
|
|||
|
|
period of time following warrantless arrests. In effect, the
|
|||
|
|
Court established a maximum 48-hour period, including
|
|||
|
|
intervening holidays and weekends, in which persons arrested
|
|||
|
|
without a warrant are entitled to a probable cause
|
|||
|
|
determination.
|
|||
|
|
|
|||
|
|
The Court stated that a 48-hour standard recognizes the
|
|||
|
|
existence of some unavoidable delay following the arrest caused
|
|||
|
|
in transporting arrested persons, handling bookings and
|
|||
|
|
late-night bookings when no magistrate is readily available, and
|
|||
|
|
having the arresting officer present, who may otherwise be
|
|||
|
|
occupied with other duties. In its decision, the Court noted,
|
|||
|
|
"[A] jurisdiction that provides judicial determinations of
|
|||
|
|
probable cause within 48 hours of arrest will, as a general
|
|||
|
|
matter, comply with the promptness requirement."
|
|||
|
|
|
|||
|
|
The Court cautioned, however, that a probable cause
|
|||
|
|
determination held within 48 hours could be found to be
|
|||
|
|
unreasonable if the delay was for the "purpose of gathering
|
|||
|
|
additional evidence to justify the arrest...motivated by ill
|
|||
|
|
will against the arrested individual, or delay for delay's
|
|||
|
|
sake." The Court also stated that if the probable cause
|
|||
|
|
determination is delayed beyond 48 hours, the "burden shifts to
|
|||
|
|
the government to demonstrate the existence of a bona fide
|
|||
|
|
emergency or other extraordinary circumstance."
|
|||
|
|
|
|||
|
|
County of Riverside v. McLaughlin may require some law
|
|||
|
|
enforcement organizations to modify their post-warrantless
|
|||
|
|
arrest practices to ensure that a mechanism exists for a
|
|||
|
|
judicial determination of probable cause within 48 hours of a
|
|||
|
|
warrantless arrest. This constitutional requirement for a
|
|||
|
|
prompt judicial determination of probable cause only applies
|
|||
|
|
where the arrested person remains in custody. It is advisable
|
|||
|
|
for law enforcement organizations to coordinate all such
|
|||
|
|
judicial determinations with the appropriate prosecuting
|
|||
|
|
attorney.
|
|||
|
|
|