police4aqi

Police, The Fourth Amendment, Qualified Immunity

“The Fourth Amendment requires a timely judicial determination of probable cause”

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Case:  Pantoja v. Haase, Dist. Court, ED Wisconsin 2016

What happened:  Police arrested plaintiff, without a warrant, and held him in jail for 36 days before being brought before a judge.  Plaintiff eventually pled guilty to the crimes for which he was arrested.  Plaintiff sues for the 36 day delay between warrantless arrest and initial court appearance.

Decision:  Plaintiff’s claim may proceed because “[t]he Fourth Amendment requires a timely judicial determination of probable cause.”  Court also made reference to something called “the 48 hour rule.”

Comment:  Nothing is that surprising in this case, including the plaintiff’s claim for wildly inflated punitives.  Just thought it was interesting because I haven’t run across this particular 4A issue before.

Written by Burgers Allday

February 9, 2016 at 9:04 pm

Posted in Uncategorized

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