What is the test for detaining an individual who has been arrested without probable cause beyond 48 hours?
California, United States of America
The following excerpt is from Alfredo A. v. Superior Court (People), 18 Cal.Rptr.2d 869, 5 Cal.4th 1 (Cal. 1993):
In a word, when the state detains a person for criminal activity, it must establish probable cause. It is now settled that "[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. ----,
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