Question

After placing Mr. Lane under arrest, you call for the car to be towed and bring Mr. Lane to the police station. Mr. Lane is searched, as is his car, and there are no additional violations discovered. It is a three-day holiday weekend, and once at the station, you see that lockup is very busy and filled with a fair number of serial offenders.

Let’s review two more concepts before you make another decision about this scene.

When do most states require that an arrested person be brought before a judge, magistrate, or commissioner for an initial appearance, called a presentment or arraignment on the warrant?


Without unnecessary delay

Within 48 hours

Within 24 hours

Immediately following arrest

Answer 1

Within 48 hours.

Constitutionally the standard is “without unnecessary delay,” but the U.S. Supreme Court (County of Riverside v. McLaughlin, 1991) has held that a delay of up to 48 hours is presumptively reasonable; any longer delay requires the government to justify the extra time as necessary under the circumstances.