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