Legal Opinion · Dissent

STATE EX REL. WILLIAMS v. State

Supreme Court of Louisiana

Decided July 9, 2010No. 2010-KH-1364Published

1DissentKnoll, J.

| before this court applies a blanket application of State v. Wallace, 09-1621 (La.11/6/09), 25 So.3d 720, it should realize Wallace does not address the untimeliness issue raised in this case. The accused in Wallace promptly moved for his release after the court failed to make a probable cause determination within 48 hours of his warrantless arrest. In contrast, Relator in this case did not promptly raise the issue of the court’s failure to timely make the probable cause determination.1 An important interest served by the requirement of a prompt determination of probable cause is to prevent…

2Cases cited2 opinions

  1. County of Riverside v. McLaughlinSupreme Court of the United States · 1991
  2. State v. WallaceSupreme Court of Louisiana · 2009

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