48 Hour Rule BS
If your like to read a really good take on the recent changes to holding prisoners, take a look at Greg Bella's article in the March FOP Newsletter. It's on page five:
- The Chicago Police Department has decided that the ability to defend itself from lawsuits is more important than the safety of our communities. Police officers have once again been handcuffed by the City and the “bad guys” emerge as the victors. The Department issued a revision to General Order 02-03 in which it amended the order to state, “Every person arrested without a warrant… will appear in court, without unnecessary delay. Under no circumstances, will such a person appear in court any later than 48 hour from the time of arrest.” The order goes on to state that the revision is a “continuing commitment to comply fully with the U.S. Constitution as interpreted by the U.S. Supreme Court.”
The article then de-constructs every object put forth by the City to justify not properly holding, processing, charging and eventually convicting criminals. Once again, it's easier to have a hundred guilty men go free than to actually convict someone of a crime in Cook County.
posted by SCC at 12:01 AM
32 Comments:
IVE SEEN BELLAS RIGHTING STYLE AND THAT ARTICLE WAS NOT WRITTEN BY HIM!
I CAN GUESS OFF THE TOP OF MY HEAD 3 LAWYERS WHO DID RIGHT IT.
Interesting item in the newsletter about the retired copper who wasn't allowed to register his gun. Do you think an aldercreature with no law enforcement experience would fare better at Administrative Hearings? Maybe somebody should show up next Tuesday and find out.
Interesting article, however the author fails to cite the case that seems to be jamming you up - McGlaughlin. That is the US Supreme Court, so one would imagine you need to address that before talking about state court cases.
The FOP is probably right, lets all hope they make a better argument in the future...
don't worry, the pendulum will swing back after enough of the public gets victimised without effective legal recourse.
organized crime will benifit and you will see more vigilanteisum in the mean time.
They released a PCS offender in the 11th District last week because he played sick twice, missing both prisoner vans to court. The 48 hr mark came on 1st watch so he was released. Wait until that gets out to the bad guys.
ThnkX Now Federal Law says that you cant be in this country illegally So where is the enforcement there? Again we pay and those play. Send all the crackheads to dicky daley's nieghborhood. We are asshats to just keep electing these fools.Chicago on da way to de nu Detroit. Taxes and crimes both on the rise.
If they let someone go in 11 for missing the prisoner van then the W/C is incompetent. You have to be able to show why he didn't make it to court in 48 hours. If he was sick and went to the hospital, the 48 hours stop, the W/C could easily have explained that the prisoner was resonably delayed from going to court because of illness. Bad W/C.
Pallidin
Just throw up your hands now! Its going to be a bloody summer.
Just imagine how many victims there are out there...victimized by an offender, then victimized by the Felony Review Unit...who are afraid to approve charges unless it's an airtight case...and now victimized by the this Department's interpretation of the 48 hour rule. Can it really get any lower than this? Can it?
They released a PCS offender in the 11th District last week because he played sick twice, missing both prisoner vans to court. The 48 hr mark came on 1st watch so he was released. Wait until that gets out to the bad guys.
------------------
I'm tellin' all my guys to have their bullshit felony dope arrestees to play sick over and over JUST TO FU%K UP the system.
This job is a joke.
Why hasn't J-Fraud spoken out about this? Oooops, I forgot, he has to clear his speeches through lil hitler on the 5th floor. Never mind.
MORE FBI: What we need are more FBI bosses.
Think about the FBIs wonderful accomplishments. How they prevented the twin towers disaster. Ooops, forget that one.
How they protected our countrie's atomic secrets from Russia.
Ooops, forget thqat one.
How they prevented any of their own top agents from spying for Russia, Ooos, forget that one.
Oh, what the hell. You have to admit that those pointy wing tips are hot.
fuck this ................im puttin in my papers......no lockin up people for me....
The real blame here goes on the Cook County court system. The US Supreme Court has said 48 hours is the rule. A prisoner has to go before a judge within 48 hours.
But nothing says the prisoner cannot them be returned to police custody for continuing investigation. The problem is the Cook county courts haven't figured out how to handle this need. They just blindly shuffle the prisoner off into the jail after that.
That's where the problem lies.
The 48 hour rule is city bullshit and is only a RULE made up by CPD
br(ass).
Maher stood at a Det. Div. role call and claimed this the 48 hr. rule was law. Now this is either an out rught lie or a glowing example of her stupidity. She had gone into federal court and testified to problams she knew nothing about. We can thank Cline for this appointment and all like her.
The Det. Div. and whole department went to shit when they let the whore shyster lawyers dictate to the brass of the department who themselves are or were too dumb for their job. Good riddens to all of the boobs and let's refrain from promoting others who have no idea what this job is about. Hopefully good bye to the social workers.
Its time to build another jail and lock up these fucking violent juvenile mutts. TREAT them all like adults!
The following is directly from Riverside v. McLaughlin-
"We believe that a jurisdiction that provides judicial determinations of probable cause within 48 hours of arrest will, as a general matter, comply with the promptness requirement of Gerstein. For this reason, such jurisdictions will be immune from systemic challenges.
This is not to say that the probable cause determination in a particular case passes constitutional muster simply because it is provided within 48 hours. Such a hearing may nonetheless violate Gerstein if the arrested individual can prove that his or her probable cause determination was delayed unreasonably. Examples of unreasonable delay are delays for the purpose of gathering additional evidence to justify the arrest, a delay motivated by ill will against the arrested individual, or delay for delay's sake. In evaluating whether the delay in a particular case is unreasonable, however, courts must allow a substantial degree of flexibility. Courts cannot ignore the often unavoidable delays in transporting arrested persons from one facility to another, handling late-night bookings where no magistrate is readily available, obtaining the presence of an arresting officer who may be busy processing other suspects or securing the premises of an arrest, and other practical realities.
Where an arrested individual does not receive a probable cause determination within 48 hours, the calculus changes. In such a case, the arrested individual does not bear the burden of proving an unreasonable delay. Rather, the burden shifts to the government to demonstrate the existence of a bona fide emergency or other extraordinary circumstance. The fact that in a particular case it may take longer than 48 hours to consolidate pretrial proceedings does not qualify as an extraordinary circumstance. Nor, for that matter, do intervening weekends. A jurisdiction that chooses to offer combined proceedings must do so as soon as is reasonably feasible, but in no event later than 48 hours after arrest".
THE SKY IS FALLING! GIVE ME A BREAK. THIS BLOG HAS MORE KNEE-JERK REACTION THAN A BRASS HAT READING THE MORNING NEWS. THE OCCURENCE OF THE CLOCK RUNNING OUT WILL BE RARE AT BEST. NO KILLER WILL WALK BECAUSE OF IT. YOU WILL BE SUED IN CIVIL COURT BECAUSE OF IT BUT THEY WON'T WALK. SO AS ALWAYS LOOK OUT FOR YOU AND YOURS AND DO THE JOB THE BEST YOU CAN WITH WHAT YOU GOT.
Don't blame CPD blame the county,when you take a prisener to intake they go out of their way to not take a prisener. They don't care if they already have the hospital release paperwork they say take him/her back to the hospital for treatment. Just wait until the scumbags get hold of the lastest information you will hear a lot of wagons/cars heading to the hospital then asking to be relieved by a squad car.
Speaking of Bella, consider:
1. Bella called the Supe "J-Fed" in the Sun-Times today.
2. Bella use to work with (and is pals with) Orsino, the owner of the original SCC.
3. Eight G-men were taking urine screening tests for CPD hiring purposes yesterday.
Conclusion: Greg Bella is SCC!!! Case solved.
The notice says once person is charged you have 48 hrs to put them in front of a judge,it does not say ther are exceptions to that order.We need a person/boss of autbhority to contact the county and inform intake to do the job they where hired to do and stop talking the people into complaining of make beleive inuries/sickness.
IVE SEEN BELLAS RIGHTING STYLE AND THAT ARTICLE WAS NOT WRITTEN BY HIM!
His "righting" style? What an excellent judge of literally talent, you are!
I just hope we get a REAL Chief of Dicks. Maria had no clue and she belittled people in an attempt to cover up her incompetence. Thank GOD she is gone. I do not care who replaces her it will be an improvement. Hannibal Lecher would be a better boss.
"If they let someone go in 11 for missing the prisoner van then the W/C is incompetent. You have to be able to show why he didn't make it to court in 48 hours. If he was sick and went to the hospital, the 48 hours stop, the W/C could easily have explained that the prisoner was resonably delayed from going to court because of illness. Bad W/C.
Pallidin
3/07/2008 07:58:00 AM"
no, good W/C. The new order gives no wiggle room; the offender must be released. In an attempt to bypass the order, the W/C contacted OPS command. ADS McNulty ordered the prisoner released per the NEW DEPARTMENT ORDER.
This new order would have made the W/C liable with no indemnification from the department had he violated it.
THE ORDER IS A BAD not the W/C.
Pay attention
Being a 20 year + detective, please note that the "D" unit is shot.
All dick' should know that playing games with this new ruling will get you fired and idicted.
When in doubt, let the mutt go. It is not worth it. The city can and will hang you out to dry.
"They released a PCS offender in the 11th District last week because he played sick twice, missing both prisoner vans to court. The 48 hr mark came on 1st watch so he was released. Wait until that gets out to the bad guys."
Yeah it's going to spread like wildfire, because most hypes read this blog daily. What do you do when they beat the system, throw a tantrum, bawl your eyes out, and cry for Mommy?
MAN UP& Get a grip you friggn Tool...
righting style ? geez we are in trouble
Alfonso said...
Interesting item in the newsletter about the retired copper who wasn't allowed to register his gun. Do you think an aldercreature with no law enforcement experience would fare better at Administrative Hearings? Maybe somebody should show up next Tuesday and find out.
3/07/2008 12:59:00 AM
Having not read the article, I might be assuming the wrong thing, but.....why is ANY retiree STILL IN CHICAGO??!! You are finally free little birdie. FLY!
This City Sucks
Get A Warrant, R U Kidding me. We are the alert police
no, good W/C. The new order gives no wiggle room; the offender must be released. In an attempt to bypass the order, the W/C contacted OPS command. ADS McNulty ordered the prisoner released per the NEW DEPARTMENT ORDER.
This new order would have made the W/C liable with no indemnification from the department had he violated it.
THE ORDER IS A BAD not the W/C.
Pay attention
Nope sorry, it is a bad W/C. The "new" 48 hour rule doesn't change the completely legal option of holding the PC hearing without the defendant being present - as long as the judge makes a finding that the defendant is physically incapable of being present.
Happens every single day - if W/C didn't know about that he or she is new.
Well you know what? It was PCS. When in doubt you have to pick your battles. What was the amt? It's not like the little prick won't be out there the next day doing the same damn thing. The WC could always give the copper some kind of treat down the road to make up for the lost court time. Now that I'm out of here in a matter of days I guess I'm not so mad anymore that I never got promoted off those 489 tests I took. If you're a boss now, it's hard to be able to take care of your people without everyone sticking their nose into your business. Who gives a fuck who SCC is? Just be glad there is an SCC. Thanks for everything SCC. I will always remain a loyal reader. Once I am fully retired, let me know who I need to go have a talk with about our future president Armed Forced Veteran, John McCain, American Soldier. Remember brothers and sisters he was a prisoner of war and you never hear him crying about it. Hillarys a liar and I think maybe Obama might be wearing a little eye liner. Seriously.
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