Question: Whats the 48-hour rule?

The 48-Hour Rule comes from the Supreme Courts ruling in County of Riverside v. McLaughlin. It provides that when a person, whether adult or juvenile, is arrested without a warrant, a probable cause determination must be made without unreasonable delay and cannot occur more than 48 hours after arrest.

How long can you be in custody without being charged?

A person cannot normally be held by the police for more than 24 hours without being charged or released. In the cases of more serious offences a further 12 hour detention can be granted by a senior police officer and police can apply to a Magistrates Court to hold the suspect for up to 96 hours.

Can the police tell you if someone is in custody?

The police are not usually allowed to inform anyone of the fact that a person has been detained without their express permission. If someone who is in custody does want you to be informed of their arrest the custody staff will not give you information about how the police are progressing with their investigation.

Can you see someone in police custody?

Can I see them? No, visitors are not allowed into police custody suites. Custody suites do not work like prisons. We dont have the staff or the facilities of a prison and therefore its exceptionally rare that we allow detainees to have visitors.

When can the police take your DNA?

Under California law, law enforcement in California is required to collect DNA samples from anyone arrested on suspicion of a felony crime. California maintains a DNA database for felons and individuals arrested for felony offenses.

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