State v. Bolinske, Sr.

Citations

• 969 N.W.2d 450
• 2022 ND 18

Syllabus

A person arrested and detained without a warrant is entitled to a probable cause determination within 48 hours. If a probable cause determination is not made within 48 hours, the government must demonstrate the existence of an emergency or other extraordinary circumstance. An intervening weekend is not an emergency or other extraordinary circumstance. The usual sanction for unlawful detention is the suppression of statements or evidence discovered as a result of the detention. Dismissal of a criminal charge can be warranted in cases of egregious prosecutorial misconduct or on a showing of prejudice.