California, United States of America
The following excerpt is from Gorlack v. Ferrari, 184 Cal.App.2d 702, 7 Cal.Rptr. 699 (Cal. App. 1960):
The law is now settled that where the arrest is lawful, a subsequent unreasonable delay in taking the prisoner before a magistrate does not affect the legality of the arrest but it will subject the offending person to liability for so much of the imprisonment as occurs after the period of necessary or reasonable delay. Dragna v. White, 45 Cal.2d 469, 473, 289 P.2d 428. Here, the evidence discloses that appellant was imprisoned more than 36 hours without being taken before a magistrate. In explanation of the delay in taking appellant before a magistrate after her detention, Officer [184 Cal.App.2d 711] Woods testified that in his initial interview with appellant he informed her that she could call an attorney and be released on bail, but that after some discussion he offered to complete the investigation of her case as speedily as possible and effect her release without filing a formal charge if he then determined that a charge should not be filed. He pointed out to her that by permitting him to follow this course of action, instead of obtaining her release on bail, she might save the cost of a bail-bond and an attorney's fee. Appellant assented to this procedure and Officer Woods therefore deferred taking appellant before a magistrate. Upon the completion of his investigation, he decided that it would not be practicable to file a charge and recommended that appellant be released and this was done.
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