State v. Charles

STATE of Louisiana v. Eric CHARLES.

Supreme Court of Louisiana

Decided April 22, 2009.

Supreme Court of Louisiana · decided 2009-04-22

Cited by 1 later decisions — most recently November 2009

1 state decisions

Key passage — most relied on by later courts

“Writ denied as moot. If the Commissioners of the Orleans Parish Criminal Court are not currently adhering to the constitutional guidelines set forth in County of Riverside v. McLaughlin, 500 U.S. 44 , 111 S.Ct. 1661 , 114 L.Ed.2d 49 (1991), and codified into state law in La. C. Cr. P. art. 230.2, they should do so in the future. Absent a bona fide emergency or other extraordinary circumstance, probable cause determinations are to be held within forty-eight hours of arrest. Riverside, 500 U.S. at 56-7 , 111 S.Ct. 1661 . In addition, probable cause hearings should not be delayed for the purpose of gathering additional evidence to justify the arrest. Id.”

quoted by 1 later decision, including State v. Wallace

Relies on County of Riverside v. McLaughlin

Good law ✅— No negative treatment on recordhow we know

Decided 2009-04-22

View the full empirical analysis of this case →

¶1Writ denied as moot. If the Commissioners of the Orleans Parish Criminal Court are not currently adhering to the constitutional guidelines set forth in County of Riverside v. McLaughlin,500 U.S. 44, 111 S.Ct. 1661, 114 L.Ed.2d 49 (1991), and codified into state law in La.C.Cr.P. art. 230.2, they should do so in the future. Absent a bona fide emergency or other extraordinary circumstance, probable cause determinations are to be held within forty-eight hours of arrest. Riverside, 500 U.S. at 56-7, 111 S.Ct. 1661. In addition, probable cause hearings should not be delayed for the purpose of gathering additional evidence to justify the arrest. Id.

¶2WEIMER, J., would grant.