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What is the maximum period of time an arrestee may be held without a determination that there is probable cause to keep the arrestee in custody?

A) 24 hours
B) 48 hours
C) 72 hours
D) It depends on jurisdiction

User Flaugh
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1 Answer

3 votes

Final answer:

The standard maximum period before a probable cause determination must generally be made is 48 hours, but this duration can change depending on the jurisdiction. Individual local or state regulations may alter this period, requiring awareness of specific regional legal frameworks.

Step-by-step explanation:

The correct option : b

The time that a person can be held in custody without a formal charge is a critical aspect of their rights following an arrest. In many instances, the United States Supreme Court has held that law enforcement must generally make a probable cause determination within 48 hours of the arrest. This critical timeframe ensures the person's rights are not unduly violated while providing the state with sufficient time to justify the arrest. However, individual jurisdictions may have specific rules that can either shorten or extend this period slightly. For example, different states or countries may have laws that allow for a longer or shorter detention period before a court must review the grounds for the arrest.

The scope of this question is broad and applies to general legal standards, with the recognition that there may be nuanced variations and exceptions, particularly when dealing with unique circumstances or different legal systems. It is important for legal professionals and those affected by arrests to be aware of the particular laws that apply within the jurisdiction in which an arrest has taken place.

User Mark Simpson
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