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Curry: 12-hour arrestee probable cause rule unrealistic

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Marion County Prosecutor Terry Curry told judges Tuesday that a proposed rule requiring a probable cause determination within 12 hours of an arrest in major felony cases would “set up the criminal justice system to fail in many instances.”

The proposed rule change recommended by Indianapolis criminal court judges is on hold for now.

Noting this past weekend’s multiple shooting in Broad Ripple and the slaying of Indianapolis Metropolitan Police Department Officer Perry Renn, Curry said investigations of such matters shouldn’t be compromised by standards that would burden already strained law-enforcement resources.

“We just feel as a practical matter a 12-hour limit is unrealistic,” Curry told judges of the Marion Superior Executive Committee. “You only have to look back to the events of this past weekend.”

Marion Superior criminal judges have endorsed a 12-hour rule on the advice of counsel, and the committee called on Curry to explain his office’s opposition.

While the U.S. Supreme Court has upheld detention up to 48 hours before a probable cause determination, Marion Superior judges have been advised that detention of a suspect for more than 12 hours could give rise to a civil-rights case, because judges here are available 22 hours a day, seven days a week to make probable cause determinations at the Arrestee Processing Center.

Marion Superior Criminal Term chairwoman Judge Lisa Borges said there was misunderstanding about what judges were seeking. Rather than a full probable cause determination, she said judges want to make sure people weren’t being detained without explanation.

“There has to be a reason for locking them up. That’s what we’re looking for,” Borges said, noting a simple statement from the arresting officer in most cases would suffice. “All we need is a statement of reason for the arrest.”

Borges said those determinations are routinely made within 12 hours for people suspected of minor offenses such as public intoxication, but not in major crimes cases.

Curry disagreed that it was constitutionally necessary to determine probable cause sooner than 48 hours, and he said imposing a 12-hour rule would jeopardize sensitive and complex investigations, particularly in major crimes. “One size just does not fit all,” he said.

Judge James Osborn said the courts shouldn’t rush to effectuate a rule that could cause trouble for investigating officers and prosecutors. He and other judges suggested a 24-hour rule might be more workable.

“My only concern is, are we being too aggressive?” Osborne said. He cautioned that if the judges adopted a 12-hour rule, “We are basically defining our own liability.”

After lengthy discussion Tuesday, the committee tabled the proposal. Chairman Judge David Certo said he would draft a proposal in consultation with Curry and the criminal court judges to present to the committee later.

 
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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