What is the maximum time an individual can be held without a judicial determination of probable cause post-arrest?

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The maximum time an individual can be held without a judicial determination of probable cause post-arrest is 48 hours. This standard is grounded in the Fourth Amendment, which protects individuals from unreasonable seizures, and establishes that after being arrested, a person should be brought before a judge or magistrate in a timely manner.

The 48-hour rule is significant because it balances the need for law enforcement to detain individuals for a limited period while ensuring that those individuals' rights are protected. The courts have interpreted this timeframe to allow for the necessary processing and determination of whether there is sufficient evidence (probable cause) to hold the individual longer or to charge them formally.

Holding an individual for longer than 48 hours without a judicial review may violate their constitutional rights and could lead to legal repercussions for law enforcement. Thus, the 48-hour limit is a crucial aspect of ensuring timely judicial oversight of arrests.

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