LEGAL BRIEF By Special Agent Jeffre

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                             LEGAL BRIEF


                  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
Court established a maximum 48-hour period, including
ntervening holidays and weekends, in which persons arrested

     The Court stated that a 48-hour standard recognizes the
existence of some unavoidable delay following the arrest caused
n transporting arrested persons, handling bookings and
late-night bookings when no magistrate is readily available, and
occupied with other duties.  In its decision, the Court noted,
"[A] jurisdiction that provides judicial determinations of
matter, comply with the promptness requirement."

     The Court cautioned, however, that a probable cause
unreasonable if the delay was for the "purpose of gathering
additional evidence to justify the arrest...motivated by ill
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
for law enforcement organizations to coordinate all such