How long after an arrest without a warrant must a defendant see a judicial officer to establish probable cause?

The requirement for a defendant to see a judicial officer to establish probable cause following an arrest without a warrant is grounded in the Fourth Amendment, which protects against unreasonable searches and seizures. In the context of arrest, this right ensures that an individual is not held indefinitely without a legal basis.

The established standard is that a judicial determination of probable cause must be made within 48 hours of the arrest. This timeframe is derived from key Supreme Court rulings, such as County of Riverside v. McLaughlin, which clarified that delays longer than 48 hours may result in a violation of the Fourth Amendment unless there are significant circumstances justifying the delay.

Thus, the requirement to have a probable cause hearing within 48 hours helps to safeguard individual rights by ensuring timely judicial oversight of lawful arrest practices, preventing arbitrary detention. This standard balances the needs of law enforcement with the rights of the suspect to be promptly informed and have their detention legally justified.