Does a juvenile who has been arrested without probable cause have a legitimate interest in continuing to be detained beyond 48 hours?

California, United States of America


The following excerpt is from Alfredo A. v. Superior Court, 26 Cal.Rptr.2d 623, 6 Cal.4th 1212, 865 P.2d 56 (Cal. 1994):

To repeat: "A state has no legitimate interest in detaining ... individuals who have been arrested without probable cause" generally beyond 48 hours (County of Riverside v. McLaughlin, supra, 500 U.S. at p. ----, 111 S.Ct. at p. 1669, italics added)--whether or not such individuals have attained the age of majority. Surely, the state may have a "legitimate interest" in continuing to detain juveniles who have been arrested without probable cause beyond 48 hours when there exists a supported basis for doing so separate and independent from the unsupported suspicion of criminal activity, as for example the

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