How is Utah's "72 hour rule" consistent with County of Riverside v. McLaughlin?
I'm considering a § 1983 civil rights case against a Utah county. My question concerns the issue of over-detention without bail or an arraignment.
I'm looking for an explanation of how Utah's "72 hour rule" is consistent with County of Riverside v. McLaughlin requiring a determination of probable cause for an arrest within 48 hours.
The judge who handled my case told me something like, "I set bail for you within 72 hours. I can't control when the county attorney files charges."
The closest case to my situation is described in the "Liability of the Supervisory Defendants" section of Turner v. City of Taylor, 412 F. 3d 629 (6th Circuit 2005), which is online.
I was charged with a spurious DUI-narcotics by a rogue cop who was punishing me for asking if I was free to go. Also he wanted to search my car because I have California plates. The charge was dismissed after clean blood results. I was held in the county jail for almost six days.
Just to be clear, I was held without bail or an arraignment for almost six days. In total I was held for almost 8 days, because once bail was set it took another 48 hours to actually get released. But six days without bail is what matters under Riverside, if I understand it correctly.
Nobody can tell me how Utah deals with this issue?
- BetsyLv 79 years agoFavorite Answer
It probably isn't consistent. I think it would be worthwhile for you to contact a civil rights attorney about the incident.