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NCJ Number: 159231 Find in a Library
Title: Judicial Probable Cause Determinations After County of Riverside v. McLaughlin
Journal: Criminal Law Bulletin  Volume:31  Issue:6  Dated:(November-December 1995)  Pages:534-546
Author(s): D B Perkins; J D Jamieson
Date Published: 1995
Page Count: 13
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article examines the implications for postarrest and pretrial procedures of the U.S. Supreme Court's decision in County of Riverside v. McLaughlin, in which it clarified the length of time in which certain procedures, including the conducting of a judicial determination of probable cause, must occur following a warrantless arrest.
Abstract: The case involved a class action alleging that the county had violated the Fourth Amendment rights of persons arrested without warrants by failing to provide them with prompt judicial determinations of probable cause. The majority ultimately held that a period of 48 hours after arrest, inclusive of weekends and holidays, was the maximum outside limitation. However, a dissent and much subsequent literature supported a 24-hour standard. Although McLaughlin has apparently been read by some as a strong bright-line case, this is highly debatable, particularly for selected jurisdictions. When read on the while, the final standard is merely one of rebuttable presumption of constitutional compliance if judicial intervention to assess probable cause occurs within 48 hours of arrest. Local law enforcement agencies and jurisdictions must recognize that wholesale reliance on the 48-hour standard does not give enough deference to the specific fact context of the case or to Justice O'Connor's caveat that the rule stated is not hard and fast in every case. A more readily understood and easily applied rule would ultimately prove less problematic and of greater general benefit to individual and government interests alike. In addition, a clear standard on the exact procedure necessary for the communication of probable cause from police officer to magistrate would further develop the law related to initial court appearances. Footnotes
Main Term(s): Court delays
Index Term(s): Post-arrest procedures; Probable cause; US Supreme Court decisions
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=159231

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