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The First 48: Ending The Use Of Categorically Unconstitutional Investigative Holds In Violation Of County Of Riverside V. Mclaughlin, Daniel A. Horwitz
The First 48: Ending The Use Of Categorically Unconstitutional Investigative Holds In Violation Of County Of Riverside V. Mclaughlin, Daniel A. Horwitz
Daniel A. Horwitz
This Article critiques the holding adopted by a growing number of courts that law enforcement may delay a warrantless arrestee’s constitutional right to receive a judicial determination of probable cause for up to forty-eight hours following an arrest as long as a judge or magistrate ultimately determines that the arrest itself was supported by probable cause. Although this issue has largely escaped review within academic literature, the practice of employing investigative detentions against warrantless arrestees is widespread among law enforcement. Of note, whether such investigative detentions comport with the Fourth Amendment has also generated a circuit split between the Eighth …