What is the test for obtaining a probable cause determination under section 825 of the Civil Code of Civil Procedure?

California, United States of America


The following excerpt is from People v. Buza, 180 Cal.Rptr.3d 753 (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.

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