Brief Fact Summary. A class action suit, challenging the county’s procedure of combining probable cause determinations for parties arrested without a warrant and the arraignment process.
Synopsis of Rule of Law. “Where an arrested individual does not receive a probable cause determination within 48 hours, the burden of proof shifts to the government to demonstrate the existence of a bona fide emergency or other extraordinary circumstance, which cannot include intervening weekends or the fact that, in a particular case, it may take longer to consolidate pretrial proceedings.”
Held. Under “Gerstein”, the court recognized practical realities of administrative functions, differences among localities in processing arrested individuals, etc. Thus, the court believes “that a jurisdiction that provides judicial determinations of probable cause within 48 hours of arrest will, as a general matter, comply with the promptness requirement of Gerstein. For this reason, such jurisdictions will be immune from systemic challenges.” In instances where it takes longer than 48-hours, “the burden shifts to the government to demonstrate the existence of a bona fide emergency or other extraordinary circumstance. . . . A jurisdiction that chooses to offer combined proceedings must do so as soon as is reasonably feasible, but in no event later than 48 hours after arrest.”
Once the suspect is in custody, however, the reasons that justify dispensing with the magistrate's neutral judgment evaporate.View Full Point of Law