question.jpgIn Criminal Law

What happens if an officer makes a warrantless arrest?

In cases where police officers do not obtain a warrant before making an arrest, out of fairness to the suspect, courts are required to make a judicial determination as to whether probable cause existed within 48 hours. When the arrested does not receive a probable cause determination within 48 hours, the burden shifts to the government to demonstrate a solid reason, emergency or other extraordinary circumstance justifying the absence of a judicial determination.