People v. Willis

Seventy-three hours after he was arrested, Roy Willis confessed to setting a fire that caused a death. We find his arrest was based on probable cause, but that his detention had become unlawful by the time of the confession. We address a question never clearly answered in this State: What is the proper remedy for a violation of the fourth amendment right to a prompt probable cause determination by a judge?

BACKGROUND

After a bench trial, at which defendant’s confession represented the great weight of the State’s case, Willis was found guilty of criminal damage to property exceeding $300 and…