government provide a fair and reliable determination of probable cause as a condition for “must any significant pretrial restraint of liberty, and this determination must be made by a judicial officer either before or promptly after 420 U.S. at 125. Based on the balance between Gerstein, arrest.” the in protecting public and the harm that detention can inflict on government’s “interest safety” the individual, the Supreme Court has held a jurisdiction that provides judicial determinations “that of probable cause within 48 hours of arrest will, as a general matter, comply with the promptness requirement of 500 U.S. 44, 52, 56 (1991). If the Gerstein.” County of Riverside v. McLaughlin, judicial determination is provided within 48 hours of arrest, the burden is on the prisoner to show that the length of the delay, though less than 48 hours, was nonetheless unreasonable. See 500 U.S. at 56 (listing possible bases for a finding of unreasonableness). By contrast, McLaughlin, if the delay extends longer than 48 hours, burden shifts to the government to demonstrate the “the existence of a bona fide emergency or other extraordinary circumstance.” at 57. Id.
government “must provide a fair and reliable determination of probable cause as a condition for any significant pretrial restraint of liberty, and this determination must be made by a judicial officer either before or promptly after arrest.” Gerstein, 420 U.S. at 125. Based on the balance between the government’s “interest in protecting public safety” and the harm that detention can inflict on the individual, the Supreme Court has held “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.” County of Riverside v. McLaughlin, 500 U.S. 44, 52, 56 (1991). If the judicial determination is provided within 48 hours of arrest, the burden is on the prisoner to show that the length of the delay, though less than 48 hours, was nonetheless unreasonable. See McLaughlin, 500 U.S. at 56 (listing possible bases for a finding of unreasonableness). By contrast, if the delay extends longer than 48 hours, “the burden shifts to the government to demonstrate the existence of a bona fide emergency or other extraordinary circumstance.” Id. at 57.
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