Delayed Booking Legal Implications

Summary

Delays between arrest and booking can raise legal issues regarding your right to a prompt arraignment. Key case laws like County of Riverside v. McLaughlin and Gerstein v. Pugh emphasize the need for a probable cause hearing within 48 hours of arrest. Presenting these cases in court may support arguments of rights violations. Specific state laws may also apply, so consider consulting a local attorney for guidance.

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Can you be detained for * hours
Yes, you can be detained for * hours, but there are limits. Generally, the police must follow specific timelines for booking and arraignment, which vary by jurisdiction. Prolonged detention without proper procedure may infringe on your rights.
Where did the arrest occur? This can help determine the exact legal requirements.
What are some case laws when someone was arrested in the morning but didn’t get booked until two days
Here are some key case laws regarding delays between arrest and booking:
- County of Riverside v. McLaughlin (*): The U.S. Supreme Court held that suspects must be given a probable cause hearing within * hours of arrest.

- Gerstein v. Pugh (*): Established that a person arrested without a warrant must be brought before a magistrate for a prompt judicial determination of probable cause.
These cases focus on the importance of a speedy booking and arraignment process to protect the individual's rights.
Where did your arrest take place? This can help pinpoint the specific state laws that might apply to your situation.
Case laws
Based on the information provided, here are some additional case laws relevant to delays between arrest and booking:
- County of Riverside v. McLaughlin (*): The U.S. Supreme Court ruled that a probable cause hearing must occur within * hours of arrest.
- Gerstein v. Pugh (*): Established the requirement of a prompt judicial determination of probable cause for warrantless arrests.
To give more precise information, could you let me know where the arrest took place (state or jurisdiction)? This will help identify any specific state laws that might apply.
Can I present this in court before sentencing
Yes, you can present this information in court before sentencing. It could be relevant in arguing that your rights were potentially violated due to the delay between arrest and booking.
Where did your arrest take place? Knowing the state or jurisdiction can help identify specific laws that may apply to your case.