Does Section 825 of the California Civil Code require that an arrestee be taken before a magistrate within 48 hours of his arrest?

California, United States of America


The following excerpt is from People v. Buza, 180 Cal.Rptr.3d 753, 231 Cal.App.4th 1446 (Cal. App. 2014):

25 Under County of Riverside v. McLaughlin, supra, 500 U.S. at page 57, 111 S.Ct. 1661, where an arrestee does not receive a probable cause determination within 48 hours, the government must demonstrate the existence of a bona fide emergency or other extraordinary circumstance.

Section 825, subdivision (a)(1), requires that an arrestee be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays.

25 Under County of Riverside v. McLaughlin, supra, 500 U.S. at page 57, 111 S.Ct. 1661, where an arrestee does not receive a probable cause determination within 48 hours, the government must demonstrate the existence of a bona fide emergency or other extraordinary circumstance.

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