Can a police officer be required to release a detainee arrested without a warrant where the groundless nature of the charges have become apparent?

MultiRegion, United States of America

The following excerpt is from United States v. Pabon, No. 16-1754-cr (2nd Cir. 2017):

We need not decide, however, whether an officer may, in an extreme case, be required to release a detainee arrested without a warrant where probable cause has unequivocally dissipated, rendering further detention prior to the magistrate's determination unreasonable. Cf. Lowth v. Town of Cheektowaga, 82 F.3d 563, 571 (2d Cir. 1996) (suggesting a 1983 malicious prosecution claim may lie where an officer affirmatively continues processing a defendant's case after the "groundless nature of the charges" has become "apparent"). This case does not present this question, as it is clear from an assessment of the record that police at all times possessed a reasonable basis for concluding that Pabon had committed - indeed, was committing - a crime.

Page 28

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