NCJ Number
132754
Journal
American Jails Volume: 5 Issue: 4 Dated: (September-October 1991) Pages: 62-64,66-67
Date Published
1991
Length
5 pages
Annotation
Santa Clara County (Calif.) has developed an efficient process for determining probable cause, in compliance with the 1991 U.S. Supreme Court decision requiring judicial determination of probable cause within 48 hours of arrest.
Abstract
The decision in County of Riverside v. McLaughlin focused on the definition of "prompt" with respect to a judicial determination of probable cause before extended pretrial detention following a warrantless arrest. Santa Clara County provides all warrantless felony arrests with an ex parte judicial hearing within 24 hours of arrest, often within 8 or 12 hours. The county has developed a duty judge roster, so that each of the 80 municipal and superior court judges is required to be on duty during the night and weekends. The arresting agency, the Office of Pretrial Services, the Department of Corrections, and the judiciary are all involved in operating the ex parte judicial hearing. The process is used mainly for felony cases as well as misdemeanor cases that meet specific criteria. The process could be used in other jurisdictions as well. 6 footnotes