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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 12-23-2008, 07:01 PM
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Legality of Arrest


What is the name of your state (only U.S. law)? MA

If I were arrested in MA, without a warrant, or a judicial determminatioin of Probable Cause within 24 hours, is the arrest still legal?What is the name of your state (only U.S. law)?
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Old 12-23-2008, 07:25 PM
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Quote:
Originally Posted by mobius View Post
What is the name of your state (only U.S. law)? MA

If I were arrested in MA, without a warrant, or a judicial determminatioin of Probable Cause within 24 hours, is the arrest still legal?What is the name of your state (only U.S. law)?
The arrest may still be legal, but without a judge signing off on the probable cause, they might have to release you pending a warrant or a new arrest with probable cause (depending on the laws in your state). If the court rules that there was NOT probable cause to support an arrest, only then is the arrest likely to be ruled as an unlawful arrest.

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