Arrest Without Probable Cause In Minnesota
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This means they need to show a reasonable belief that a crime has been, or will be, committed at the location in question. Probable cause is based on specific facts or circumstances that support the suspicion of criminal activity.
The defendant must be brought before a judge without unnecessary delay, and not more than 36 hours after the arrest, exclusive of the day of arrest, Sundays, and legal holidays, or as soon as a judge is available.
One instance where a lack of Probable Cause may arise is in prosecutions for Driving Under the Influence pursuant to California Vehicle Code Section 23152(a) VC and California Vehicle Code Section 23152(b) VC. Law enforcement is always on heightened alert for impaired drivers, especially at certain times and locations.
609.83 FALSELY IMPERSONATING ANOTHER.
629.37 WHEN PRIVATE PERSON MAY MAKE ARREST. (3) when a felony has in fact been committed, and the arresting person has reasonable cause for believing the person arrested to have committed it.
Time Limit. When a person arrested without a warrant is not released under this rule or Rule 6, a judge must make a probable cause determination without unnecessary delay, and in any event within 48 hours from the time of the arrest, including the day of arrest, Saturdays, Sundays, and legal holidays.
