"Secret Courts"? (UPDATE)
The Slum Times is truly struggling for relevance as demonstrated by this completely bullshit hit piece:
- Chicago police have a “48-hour rule” when it comes to criminal suspects: 48 hours after an arrest, if they aren’t charged with a crime, the cops have to let them go.
Former Police Supt. Eddie Johnson even mentioned the policy last year when he announced charges against Jussie Smollett for allegedly staging a hate crime. Detectives had nabbed Smollett’s assailants, Abimbola and Olabinjo Osundairo, at O’Hare Airport and questioned them for 47 hours — when the brothers finally cracked and told detectives the “Empire” actor had paid them to fake the attack.
But for more than a decade, the department also has had a policy that provides a workaround to the 48-hour deadline: ad hoc, largely off-the-books “after-hours” court hearings held at courthouses adjacent to police stations — and often inside the stations themselves — that were until recently coordinated by the city Law Department, a Chicago Sun-Times investigation has found.
First up, the "48-hour rule" is crap. State law says something completely different, but for some political reason, CPD shorted the allowable hours by nearly one-third as some sort of mea culpa to the lib-tarded ACLU. This has directly resulted in cratering conviction and clearance rates.
But to characterize this as some sort of "secret court" is just dumb. And if there was a "profit motive" for connected judges, that's on County. CPD presents the preliminary case to a judge and the judge rules on whether CPD can hold a prisoner past the imaginary 48-hour "restriction."
There's nothing secret about any of it. People don't always get arrested during bankers' hours and the 48-hours runs out at inconvenient times. All this is going to do is lead to more offenders being released and fleeing the jurisdiction.
UPDATE: See comments for clarifications on the actual law.
But to characterize this as some sort of "secret court" is just dumb. And if there was a "profit motive" for connected judges, that's on County. CPD presents the preliminary case to a judge and the judge rules on whether CPD can hold a prisoner past the imaginary 48-hour "restriction."
There's nothing secret about any of it. People don't always get arrested during bankers' hours and the 48-hours runs out at inconvenient times. All this is going to do is lead to more offenders being released and fleeing the jurisdiction.
UPDATE: See comments for clarifications on the actual law.
Labels: we got nothing
posted by SCC at 12:07 AM
94 Comments:
Ive been a dick for 18 years. WTF are they talking about?
The Big Secret Court released Smollett.
The Big Secret Court is part of The Machine.
Bullshit article full of blatant lies. #1: Arrestees not charged with a crime are brought before a judge who agrees to extend the 48 hour rule? LIE! A Duty Judge is used ONLY when the arrestee has already had CHARGES APPROVED within 48 hours in custody, but he will not make it to bond court within 48 hours of his arrest. The Duty Judge learns the circumstances of the charges and sets a bond. #2: Cook County Public Defender says her office just found out about this “secret” procedure. LIE! The Duty Judge signs a Court Order and writes the bond amount on the order. This is the arrestees bond hearing. That official document is included with the arrestees paper work and goes with him when he is transported to court. At the arrestees first appearance at Bond Court at 26th Street the presiding judge that day is informed in open court by an ASA that probable cause was established and a bond set the day before by the Duty Judge.
The 48 hour thing is not a legal standard. It’s not the law. It was agreed to by the Police Department and is now CPD policy, but not the law. The policy is that an offender must have a bond hearing within 48 hours of arrest. Bond court is at 12 noon every day. If an Aggravated Battery Firearm offender, Sexual Assault offender, Burglary offender etc., gets arrested on March 1st at 9PM they must have charges approved and a bond hearing before 9PM on March 3rd per CPD policy. The victims and witnesses all have to be located, and they may have view line ups, and they will have to be interviewed by a states attorney from felony review. The offender has to be interviewed and felony review has to watch the video recording of that interview. The ISP lab may need to conduct testing on evidence. So, after all of that let’s say the offender has the charges against him approved by felony review at 2PM on March 3rd. He’s officially charged within 48 hours, charged after 41 hours in fact, but the next Bond Court isn’t until noon on March 4th. That means a Duty Judge is required before 9PM so he can appear before a judge within 48 hours. Even though he was charged before 48 hours, a Duty Judge is required because he won’t be at Bond Court within 48 hours. You can’t make this shit up.
There exists a secret court on the federal level.
It's known as fisa and has been manipulated in recent times to attempt to change the outcome of a U.S. election.
The perpetrators are still in our government.
The 48 hour nonsense started under Hillard.
The 48hr rule was instituted because, when testifying in court about Department procedures, a seriously clouted female did not know the answer (didn't know what State law was), so she punted. Or guessed. Couldn't just admit she didn't know...
Once she testified to it, it HAD to be true, so the Department put out an order on it within a day.
Thanks to her, you have your 48hr rule that stupidly restricts us down from what State law dictates.
With all due respect, you could not be more wrong. Just because some choose to ignore the law, doesn’t mean that it is “bullshit.” The United States Supreme Court ruled in Riverside vs McLaughlin that arrestees may only be held for up to 48 hours absent a determination of probable cause - in other words, an appearance before a judge. If held on a warrant, probable cause has already been determined.
The 48 Hour Rule is not a “Chicago Police thing,” nor is it bullshit. It is the law of the land.
Speaking of corrupt justice (OT but this will impact Chicago) BE SURE to vote! Vote for Conway in order to vote out Foxx!
Vote for goofy Sanders too, while you have a Democrat ballot. Why? Ol Looney Tunes Bernie is a bigger grass roots threat to Trump (as if that socialist is a threat however) then establishment, think Obama crew, Joe Biden will be.
Proof?
Establishment Wants Bernie Scuttled
https://www.newsmax.com/patrickbuchanan/clyburn-superdelegates-senators-progressives/2020/03/03/id/956631/
Nolte: 13 Reasons Bernie Sanders Is a Tougher Trump Opponent than Joe Biden
https://www.breitbart.com/2020-election/2020/03/03/nolte-13-reasons-bernie-sanders-is-a-tougher-trump-opponent-than-joe-biden/
Perhaps the people at the Slum Times are confused by all of the police television shows that state over and over that they can only hold someone for 48 hours without charging them.
Ah yes, The Chicago Way in action. Again. Do you never learn that there are many people of color in jail? What is it goanna take to get that fact thru your thick heads? They want you Fetal, you know like the empty squad car on Lake Shore Drive with its lights on.
OT well the good news about the primary results is that at least the country is not ready for a Communist/Socialist ruler. Yet. Feel the Bern, not so much thank you! Bye Bye Bernie.
Lots of crying in Mom and Dads basements as the millennial favorite crashed and Berned last night. LOL now go out and get job your going to have to payoff that student loan.
All due respect to the blog authors but you did not give "credit" to the authors of this new age creative jurnalizm Andy Grim + Tim Novak
The Public Defender continuing her temper tantrum
Anonymous said...
Ive been a dick for 18 years. WTF are they talking about?
@@@@@@@@
Duty Judges
What does a duty judge allow one more day? To the next bond hearing? Ha. Some 'secret court' Now if it flew the offender off to Afghanistan for more 'talking' that'd be a 'secret court.'
And where is Charlie 'Clutch Cargo' Beck on all of this?
In fact, Where The Fuck IS Charlie Beck?
As of yesterday, he was browsing thru vintage Bill the Hatter
catalogs from the 1970s. Nice boy that Charlie. Parents
could never understand the catalogs from Chicago.
"But, Mom, all the kids dress this way!"
I think they are mistaking it for the TV show, 48 hours.
Now, kees me you fool!!!!
Comedian Charlie Beck highlights an all-star program.
Beck, recently back from employment rehab, is receiving
rave reviews and playing to packed houses. His new
"I've been a dick for 18 years" routine is setting attendance
records. Manager Larry Massilon struggles with demand
from club owners. "This is rare, very rare," Massilon said
at a recent presser. "I took Charlie on as a contingent act,
never aware of his future potential. I was fooled just like
everyone. Talent like this comes along maybe once in
one hundred years." Playing to packed houses is nothing
new to Beck, who has received adulation since his early
teen years as a speed racer. "I work hard and I play hard,"
Beck said after a recent gig in Burbank.
Ive been a dick for 18 years. WTF are they talking about?
3/04/2020 12:11:00 AM
18 years of not paying attention.
The CDC attempts to find 'Chief Zero'
Any back room poker games? Lets start a new lie or renew a very very old story as if it's currently happening.
These lie papers are totally useless. Hope they all go out of business.
What will the vicious, vile Imp do with thus secret information when he/she/it/they/them gets it.
A little correction here. In a 1975 decision, Gerstein v. Pugh, the Supreme Court ruled that arrests without warrants were not necessarily unconstitutional as long as they were followed by a "prompt" judicial determination of whether the police had probable cause to believe that a crime had been committed. The 1975 decision did not define the word "prompt." In County of Riverside vs McLoughlin, the United States Appeals court for the 9th circuit in San Francisco ruled that a suspect arrested without a warrant could only be held for 36 hours before a judicial finding of probable cause. This decision was then appealed to the United States Supreme Court, which in 1991 vacated the lower court finding and established that people who are arrested without a warrant may be imprisoned for as long as 48 hours while awaiting a judicial determination of whether the arrest was proper. Hence, the so called 48 rule.
The duty judge system was initiated because the judges balked at one of them having to be at 26th and Cal 24x7x365. Instead, the “duty judge” would be on call and the detectives would travel to a location determined by the duty judge, where after being informed of the facts of the case, the duty judge would make a judicial determination of probable cause, signing a form establishing such probable cause, which was included with the arrestee’s other paperwork, complaints, 101’s etcetera, when they are shipped of to court. Nothing secret about it.
Lmao. 72-hours everywhere else. 48-hours only in this Godforsaken liberal communist infestation.
If we held the secret courts at Holman Square where we have the secret torture site the city could save some money. Just thinking out loud.
The Riverside decision only says that the determination of probable cause has to be made in 48 hours but does not require appearance before a judge. In Wisconsin the cops fill out a form on long weekends and it goes to a judge for review.
I totally agree SCC. Talk about a non story..... yet the Scum Times devoted 2 full pages to this very misleading “story”.
The public defender quoted is a dizzy bitch.
With all due respect, you could not be more wrong. Just because some choose to ignore the law, doesn’t mean that it is “bullshit.” The United States Supreme Court ruled in Riverside vs McLaughlin that arrestees may only be held for up to 48 hours absent a determination of probable cause - in other words, an appearance before a judge. If held on a warrant, probable cause has already been determined.
The 48 Hour Rule is not a “Chicago Police thing,” nor is it bullshit. It is the law of the land.
Hmmm...Interesting. Why do many suburbs of Chicago within Cook County still have 72 hours? Because it is NOT the law of the land.
This is why the Media is the enemy of the people. Secret courts? It’s called a duty judge assholes. It’s a judge that is available 24 hours just in case the 48 hours expires after regular court hours. It’s the same fucking paperwork and process used in court during the day.
These media folks could have easily learned all of this with a few simple phone calls and interviews...but they chose not to. That would then kill their story. Instead they chose to go with secret courts. Just like that homan square torture facility.
All lies coupled with purposeful omissions of information that go against the type of story they want to write.
Fucking bastards
Lots of crying in Mom and Dads basements as the millennial favorite crashed and Berned last night. LOL now go out and get job your going to have to payoff that student loan.
My kid is currently in the U.S. Army but I never understand this mentality. I think young adults are still better off in a Liberal Arts college than sitting at home smoking weed and playing Call of Duty. Not everyone can be a plumber, electrician, Chicago Streets and Sanz worker or CPD.
State law says you can hold someone up to 72 hours, Chicago being its own city state and exempt from the rule of law does whatever it wants.....
OT-Race tightening slightly, but Foxx still holds double digit lead. Foxx leads Conway
39 – 28 percent, a slight narrowing of the 14-point margin we saw in early February.
Despite being out-communicated, Donna More and Bob Fioretti have not fallen off yet.
Foxx’s vote share has been remarkably steady throughout this campaign, regardless of
how many misleading, negative ads have been launched in her direction. Still, the large
share of undecided voters indicates that this race is not over, despite the incumbent’s
consistent lead. Remember that voting for More or Fioretti or any Rep candidate is a vote for FOXX. Pull a Dem ticket and vote CONWAY.
~POLITICO~
Mud have been a "newbie" in the public defenders office and didn't know the law.
"The 48hr rule was instituted because, when testifying in court about Department procedures, a seriously clouted female did not know the answer (didn't know what State law was), so she punted. Or guessed. Couldn't just admit she didn't know...
Once she testified to it, it HAD to be true, so the Department put out an order on it within a day.
Thanks to her, you have your 48hr rule that stupidly restricts us down from what State law dictates."
.... I HEARD something similar, didn't know truth though, go figure!
OT
Mini Mike Drops Out
Supports Joe Biden
Bloomberg spent $500M before conceding.
He got ripped at the debate last night.
Ya can't buy it.
And to think you can is even worse. What isolation!
Talk about out of touch.
But wait, there's more......
Biden 'thought' he was running for Senate.
Democratic Party insiders worry that he is slipping.
His Number 2 would become the defacto president.
I don't think America wants that.
OT
After an introspective review, Mike Bloomberg declares
"I've been a dick for (the past) 18 years."
4:32 AM
96 Tears
Bern is gone, Bloomberg is gone
And these kids finally realize there's no kooky Socialist
out there who will rob from the American people to give
to lazy, spoiled brats who sat on their asses for 4 years,
played beer pong at night, and now are struggling to cut
it the real world right now.
Secret Courts of the Juicey Swolls Caper.
KmmmFxxxx gets calls from obama insiders, Family Swollette, maybe some Calif.public officials. Confers with TimEvans and Leroy Martian, a unchallenged quick deal is crafted and cut and within minutes of dropping the all charges and the files are “accidentally” sealed from public view.
But we’ll beforehand KmmmFxxxx calls SpecialEd and Rahm. She tells dolt SpecialEd to rehearse the speech she wrote for him, because the media somehow is going to be staging for a press conference at 26th/Cal and another will be set up (coincidentally) at the NavyPier graduation ceremony. Take about a FakeNews coincidence.
SpecialEd and Rahm conspired to show some phony ire and disappointment on cue about her decision.
Someone in the Department had reservations about the decision?
Who got dumped, double jumped and why weren’t there any whistleblowers objecting to SpecialEd’s tamperings?
That’s how the secret court operates.
Nobody asking about how much of this secrecy is tied directly to Corrupt Cook County and NOT the CPD.
Warren comes in third in her own state
Get woke, bitches
For 18 years I have been a dick.
That's all about to change.
But to characterize this as some sort of "secret court" is just dumb. And if there was a "profit motive" for connected judges, that's on County. CPD presents the preliminary case to a judge and the judge rules on whether CPD can hold a prisoner past the imaginary 48-hour "restriction."
Whew,... for a minute there I thought they were going to blow the lid of the "secret merit" promotion society...
Anonymous said...
Ive been a dick for 18 years. WTF are they talking about?
3/04/2020 12:11:00 AM
You obviously haven't been a dick long enough junior...
Anonymous said...
The 48 hour thing is not a legal standard. It’s not the law. It was agreed to by the Police Department and is now CPD policy, but not the law. The policy is that an offender must have a bond hearing within 48 hours of arrest. Bond court is at 12 noon every day. If an Aggravated Battery Firearm offender, Sexual Assault offender, Burglary offender etc., gets arrested on March 1st at 9PM they must have charges approved and a bond hearing before 9PM on March 3rd per CPD policy. The victims and witnesses all have to be located, and they may have view line ups, and they will have to be interviewed by a states attorney from felony review. The offender has to be interviewed and felony review has to watch the video recording of that interview. The ISP lab may need to conduct testing on evidence. So, after all of that let’s say the offender has the charges against him approved by felony review at 2PM on March 3rd. He’s officially charged within 48 hours, charged after 41 hours in fact, but the next Bond Court isn’t until noon on March 4th. That means a Duty Judge is required before 9PM so he can appear before a judge within 48 hours. Even though he was charged before 48 hours, a Duty Judge is required because he won’t be at Bond Court within 48 hours. You can’t make this shit up.
3/04/2020 01:25:00 AM
A simple,concise, detailed explanation and shame on CPD for trying to comply with the demands of $ grabbing lawyers and left crybaby,attention seekers
It's a real restriction set by the U.S. Supreme Court for *warrantless arrests*; see: 3/04/2020 02:12:00 AM's post, also Powell v. Nevada
511 US 79, 114 S. Ct. 1280, 128 L. Ed. 2d 1 - Supreme Court, 1994 - Google Scholar
"… County of Riverside v. McLaughlin, 500 US 44 (1991), established that "prompt"
generally means within 48 hours of the warrantless arrest; absent extraordinary
circumstances, a longer delay violates the Fourth Amendment …"
Chortek v. City of Milwaukee
356 F. 3d 740 - Court of Appeals, 7th Circuit, 2004 - Google Scholar
"… at 125, 95 S.Ct. 854, but in County of Riverside v. McLaughlin, 500 US 44, 111 S.Ct. 1661,
114 L.Ed.2d 49 (1991), the Court clarified that a determination of probable cause within
forty-eight hours is presumptively reasonable, see id. at 56, 111 S.Ct. 1661 … "
-AND- This case involving CPD(!!!)
Wells v. City of Chicago
Dist. Court, ND Illinois, 2012 - Google Scholar
… A. Unlawful detention claim against the individual defendants. A person arrested without a
warrant is entitled under the Fourth Amendment to "a prompt judicial determination of probable cause. County of Riverside v. McLaughlin, 500 U.S. 44, 47 (1991). It is generally sufficient if the government provides a probable cause hearing within forty-eight hours of arrest. If the arrested person is held less than forty-eight hours without a judicial probable cause determination, to establish a constitutional violation he must show that the hearing "was delayed unreasonably." Id. at 56. By contrast, if police hold an individual more than forty-eight hours without providing a probable cause hearing, the government has the burden of "demonstrat[ing] the existence of a bona fide emergency or other extraordinary circumstance" to show that the individual's Fourth Amendment rights were not violated. Id. at 57."
So the bigshots set a 48-hour rule in compliance with binding precedent, a hearing was held on the record, P.C. determined...the real problem appears to be the lamestream media cooking up a non-existent story.
To the commentator who said the 48 hour rule is the law of the land, should go do his home work. Except in extraordinary circumstances, police cannot hold a suspect for more than 48 hours unless a judge reviews the arrest and confirms that there is probable cause to believe the person has committed a crime, the U.S. Supreme Court ruled in 1991. The Probable Cause Determination hearing in front of a Judge is what they are referring too.
Fake news at it’s best.
It's a case called Riverside vs McLaughlin. As another noted above, it is "the law of the land". It is a U.S. Supreme Court ruling that states all subjects arrested must be presented before a judge for a probable cause hearing within 48 hours of being arrested, barring any unforeseen circumstances that would prohibit the appearance. In the ruling it is stated that continuing the investigation (as the ASA's often direct the police to do) to gather additional evidence or secure/locate additional witnesses is not cause for failure to produce the body in court. There is an exception that is very hard to meet and that is that releasing the subject in custody would create "great harm to the public". That burden has never been met. Unforeseen circumstances would be a natural disaster (tornados). Oh and by the way; the ASA simply approving the charge is not the same as actually being charged. An individual is not officially charged until the complaint is read aloud in court and the judge approves the charge and sends it for a hearing. Felony review is a program initiated between CPD and the States Attorney that is approved by the court system, a judge in Cook County will not give you a P.C. hearing without approval of the charge from Felony Review, not law just policy. Way to many know it all's on the job who actually know nothing.
This is no secret mayor you screwed taxpayers again:
Chicago water bill collections plummet without threat of shut-offs
https://www.google.com/amp/s/chicago.suntimes.com/platform/amp/city-hall/2020/3/3/21163445/chicago-water-bill-collections-drop-no-shut-offs-lightfoot
the suntimes is just like the ny times.....they make shit up
Secret?
Biden introduces his sister as his wife.
How many passes do we give this guy?
He can't pass a presidential physical.
What I would give for a thermos of his piss!
Send to 4 independent labs and run those drug screens.
Article said public defender said a court reporter is present and Slumtimes read transcripts of the hearings. That doesn’t sound like a “secret hearing” if there’s a record of it.
With all due respect, you could not be more wrong. Just because some choose to ignore the law, doesn’t mean that it is “bullshit.” The United States Supreme Court ruled in Riverside vs McLaughlin that arrestees may only be held for up to 48 hours absent a determination of probable cause - in other words, an appearance before a judge. If held on a warrant, probable cause has already been determined.
The 48 Hour Rule is not a “Chicago Police thing,” nor is it bullshit. It is the law of the land.
3/04/2020 02:12:00 AM
Thank you, at least somebody here actually reads more than the blog. And the 18 year Detective that didnt know is part of the problem.
The hate for Donald Trump....
Five Hundred Million Dollars spent to buy American Samoa.
He paid 20X GDP.
We wiggled a 3rd term as mayor of NYC using his money.
Could he be angling for a VP position?
This is an extremely inaccurate article, full of lies and fabrications.
With all due respect, you could not be more wrong. Just because some choose to ignore the law, doesn’t mean that it is “bullshit.” The United States Supreme Court ruled in Riverside vs McLaughlin that arrestees may only be held for up to 48 hours absent a determination of probable cause - in other words, an appearance before a judge. If held on a warrant, probable cause has already been determined.
The 48 Hour Rule is not a “Chicago Police thing,” nor is it bullshit. It is the law of the land.
3/04/2020 02:12:00 AM
What year in law school are you?
They can be held longer, given extraordinary circumstances. If you read the decision you would know this, but you you didn't. The long and short of this is that the procedure is legal.
Duty judges are secret?
I am well aware that this is a blog, but you do officers a disservice when you give them inaccurate legal information. They might not be lawyers, but as law enforcement officers they are expected to have basic legal knowledge. That said, the 48 Hour Rule is a real thing. The Supreme Court -- while still run by cop-friendly former Chief Justice William Rehnquist -- held that you must charge or release an offender within 48 hours of the arrest absent exigent circumstances; not 49, not 72, not 3 weeks later. That's the law in all 50 states and has been since 1991. I repeat, this has been the law in the entire United States for damn near 20 years. This is not the result of some "deal" created between CPD bosses and the "machine." Peddling "fake news" to the contrary doesn't help the professional men and women of the CPD who go out and do the job right. All it does is promote misinformation and ignorance and causes knuckle heads to go out there and make life more difficult for those who do the job right.
After being sued in federal court for holding a subject for 50 hrs, I can guarantee you that it is the law of the land.
yea that Liberal Arts degree is exactly why they are living in parents basement. they are not qualified to do anything productive. Good on your kid in tye Army at least he will come out better off than when he went in. will have a good of college paid for or maybe service training for a private sector skill. But maybe there will be a professional beer pong starting up and those Liberal Arts college skills will pay off. Finally, otherwise there is always welfare.
The 48 hour rule was established by the Federal Courts and has been around for some time. The detective has to go to court and establish a reason to extend this . There is no "deal". The time can be extended if it can be shown that the investigation is on-going and critical and the arrestee has been charged. It is not a hard and fast rule.
I've been a dick all my life and don't give a shit what people think of me.
Andy Grimm and Tim Novak.....
Were'nt they hired from The Patch?
There has to be a Mark Konkol connection in here somewhere.
Its great that so many officers know how to read about supreme court decisions.
But you ever wonder what an exempts actual job is? Yep it would be to read and figure out what lowly patrol officer must do.
Kinda like all this nonsense about facial recognition YET NO exempt knows how to figure out how to use it. All those mystery CTA robbery with high definition video and the exempts still drag ass.
Stick to the simple 5th grade grammar general order and nobody can tell you different.
And also keep in mind when did the state attorney have the power to investigate anything?
This nonsense of felony approval has become a joke.
The 48-Hour Rule comes from the Supreme Court’s ruling in County of Riverside v. McLaughlin. It provides that when a person, whether adult or juvenile, is arrested without a warrant, a probable cause determination must be made without unreasonable delay and cannot occur more than 48 hours after arrest. What this means is that the Court must determine whether there was probable cause for the arrest within 48 hours of the arrest. The time period for the 48 hours starts immediately at the time of the arrest.
Chicago, I have seen your future and it is better than this
Question for Feds reading SCC: Does 48 hour Protocol or Policy apply to Federal matters in Northern District of Illinois? U
You know, if some, you know, Politician in, let’s say, Cook County were to be arrested by the Feds for something or other pertaining to bribery or, you know, something else
Maybe it's me...
I read the Sun article, and did not find that phrase,
I looked at the SCC copy and did not find it. So I
guess "I've been a dick for 18 years" must be a
local expression.
I'm even going to Google it. Now, it could go national.
Despite the Supreme Court ruling that initial appearances that are combined with probable cause hearings must be held within 48 hours of arrest, many jurisdictions provide a 72-hour window for arraignment. This allows for the timely arraignment of defendants nabbed over the weekend.
Regardless of the 48-hour "mandate," courts routinely approve the 72-hour schedule. For example, one federal court okayed a sheriff’s policy of bringing suspects to court within 72 hours at the outside, but as soon as “reasonably possible.” The court said that determinations of probable cause outside the 48-hour window aren’t always unreasonable. (Jones v. Lowndes County, 678 F.3d 344 (5th Cir. 2012).)
nonymous said...
I've been a dick all my life and don't give a shit what people think of me.
3/04/2020 06:08:00 P
Don't be ashamed of being a CPD detective. I was for many years. The greatest job in the world. I made the mistake of taking the sergeant's exam and getting promoted. I did make lieutenant. but I have always missed my days in homicide and the people I worked with and the things that Idid. Great memories
Cook Co. S.A. requires this 48 hour crap...goes on in the burbs as well.
OT --- So Cindy Sam retired?
-AND- This case involving CPD(!!!)
Wells v. City of Chicago
Dist. Court, ND Illinois, 2012 - Google Scholar
… A. Unlawful detention claim against the individual defendants. A person arrested without a
warrant is entitled under the Fourth Amendment to "a prompt judicial determination of probable cause. County of Riverside v. McLaughlin, 500 U.S. 44, 47 (1991). It is generally sufficient if the government provides a probable cause hearing within forty-eight hours of arrest. If the arrested person is held less than forty-eight hours without a judicial probable cause determination, to establish a constitutional violation he must show that the hearing "was delayed unreasonably." Id. at 56. By contrast, if police hold an individual more than forty-eight hours without providing a probable cause hearing, the government has the burden of "demonstrat[ing] the existence of a bona fide emergency or other extraordinary circumstance" to show that the individual's Fourth Amendment rights were not violated. Id. at 57."
So the bigshots set a 48-hour rule in compliance with binding precedent, a hearing was held on the record, P.C. determined...the real problem appears to be the lamestream media cooking up a non-existent story.
3/04/2020 10:31:00 AM
THAT is the law. That a "probable cause" hearing is held within 48 hours. The CPD and the CCSAO determine this as the defendant must be charged within 48 hours. The court says nothing about charging. Just a ruling on whether or not the police had probable cause to make the arrest.
Off topic. I have learned from young relatives that there is a World Series of Beer Pong every July in Las Vegas. Who knew?
The duty judge was set up by the Chief judge to handle the calls being received for in custody investigations.
It was approved and condoned by the Chief Judge in conjunction with the ASA. It was paid for by the county.
It would appear that this responsibility, liability belongs to the Chief Judge.
So please explain the journalist logic on display by the moron reporter, editor and staff in trying to lay blame on CPD?
The 48 Hour Rule is not a “Chicago Police thing,” nor is it bullshit. It is the law of the land.
Truth!! And you face civil liability if you keep someone in custody longer.
This job is a trickbag!! Beware what you choose to believe and/or act upon.
"...released and fleeing the jurisdiction" works just fine. Problem solved.
Anonymous said...
nonymous said...
I've been a dick all my life and don't give a shit what people think of me.
3/04/2020 06:08:00 P
Don't be ashamed of being a CPD detective. I was for many years. The greatest job in the world. I made the mistake of taking the sergeant's exam and getting promoted. I did make lieutenant. but I have always missed my days in homicide and the people I worked with and the things that Idid. Great memories
3/04/2020 09:21:00 PM
**So Basically, you went from working your ass off, having fun and getting a lot of money, NOW your a LT. making six digits a year and DO NOTHING!!!
Anonymous said...
Ive been a dick for 18 years. WTF are they talking about?
3/04/2020 12:11:00 AM
18 years of not paying attention.
3/04/2020 06:46:00 AM
Original poster here - hey, how far south is 26th/cal?
Anonymous said...
With all due respect, you could not be more wrong. Just because some choose to ignore the law, doesn’t mean that it is “bullshit.” The United States Supreme Court ruled in Riverside vs McLaughlin that arrestees may only be held for up to 48 hours absent a determination of probable cause - in other words, an appearance before a judge. If held on a warrant, probable cause has already been determined.
The 48 Hour Rule is not a “Chicago Police thing,” nor is it bullshit. It is the law of the land.
Hmmm...Interesting. Why do many suburbs of Chicago within Cook County still have 72 hours? Because it is NOT the law of the land.
I'm not the original poster but just read the case and it does seem pretty clear - 48 Hrs straight up bright line rule. I don't know, I didn't read every word of the case.
And bond court serves to satisfy this requirement, correct? Because we all know the PC hearing is always a week later.
THAT is the law. That a "probable cause" hearing is held within 48 hours. The CPD and the CCSAO determine this as the defendant must be charged within 48 hours. The court says nothing about charging. Just a ruling on whether or not the police had probable cause to make the arrest.
Well he must be charged well before the 48 Hr mark really - because he must be at bond court within the 48 Hrs. (absent a duty judge giving his blessing).
And as an aside, I do not think a Det. can go before a duty judge at all if the charges have not yet been approved by felony review. I might be wrong on that but I am pretty sure it's correct. Problem is Felony Review does not satisfy the whole checks and balances thing - but it does show there is a case. Another aside - what if you have felony charges approved and you're all good to go but you know the offender won't make bond court in 48 Hrs. - then , of course you go to the duty judge but would if he refuses to sign RWOC? Ok, I answered my own question - you just send him on the next bus to bond court and the City now has the burden to show the delay was 'reasonable.'
Anonymous Anonymous said...
I am well aware that this is a blog, but you do officers a disservice when you give them inaccurate legal information. They might not be lawyers, but as law enforcement officers they are expected to have basic legal knowledge. That said, the 48 Hour Rule is a real thing. The Supreme Court -- while still run by cop-friendly former Chief Justice William Rehnquist -- held that you must charge or release an offender within 48 hours of the arrest absent exigent circumstances; not 49, not 72, not 3 weeks later. That's the law in all 50 states and has been since 1991. I repeat, this has been the law in the entire United States for damn near 20 years. This is not the result of some "deal" created between CPD bosses and the "machine." Peddling "fake news" to the contrary doesn't help the professional men and women of the CPD who go out and do the job right. All it does is promote misinformation and ignorance and causes knuckle heads to go out there and make life more difficult for those who do the job right.
AGREED. I think the CPD got away with 72 Hrs. because if there was later a lawsuit, the CPD would just try to meet the burden of showing the delay was 'reasonable," which can be shown in most cases when everything is documented. The Supreme Court does allow for a delay of probable cause if it is reasonable. The 48 Hr. rule actually helps us in that we no longer have the burden of demonstrating reasonableness.
And guess what - claiming "Hey, the offender hasn't given it up yet!" probably isn't going to meet the burden of proving the delay was reasonable. the only reason Dets and the City got away with the 72 Hr thing was that no one beefed.
nonymous said...
OT --- So Cindy Sam retired?
3/04/2020 10:08:00 PM
it appears that way. So someone who rose through the ranks through clout and patronage and messes up everything now gets to ride off into the sunset with a great pension. Maybe she will surface in some other governmental job based on her resume ?
Refresh my memory, a arrestee is in a hospital and can’t go to court, why does someone from the unit of arrest have to go to court to get a “writ of mitimus”? Is it because his case has gone past the normal time to go to court or just to turn his guard detail over to the county?
Or both?
With all due respect, you could not be more wrong. Just because some choose to ignore the law, doesn’t mean that it is “bullshit.” The United States Supreme Court ruled in Riverside vs McLaughlin that arrestees may only be held for up to 48 hours absent a determination of probable cause - in other words, an appearance before a judge. If held on a warrant, probable cause has already been determined.
The 48 Hour Rule is not a “Chicago Police thing,” nor is it bullshit. It is the law of the land.
Correct, and a Duty Judge determines Probable Cause existed for the arrest and that the offender has already been charged by the CCSAO. So, it has appeared in front of a judge and Judicial Determination has been made that probable cause existed. The offender then appears at Bond Court for the Bond Hearing where the Judge on the bench is aware a Duty Judge has determined Probable Cause existed. So, this argument by the Public Defender's Office is "BULLSHIT."
It's a case called Riverside vs McLaughlin. As another noted above, it is "the law of the land". It is a U.S. Supreme Court ruling that states all subjects arrested must be presented before a judge for a probable cause hearing within 48 hours of being arrested, barring any unforeseen circumstances that would prohibit the appearance. In the ruling it is stated that continuing the investigation (as the ASA's often direct the police to do) to gather additional evidence or secure/locate additional witnesses is not cause for failure to produce the body in court. There is an exception that is very hard to meet and that is that releasing the subject in custody would create "great harm to the public". That burden has never been met. Unforeseen circumstances would be a natural disaster (tornados). Oh and by the way; the ASA simply approving the charge is not the same as actually being charged. An individual is not officially charged until the complaint is read aloud in court and the judge approves the charge and sends it for a hearing. Felony review is a program initiated between CPD and the States Attorney that is approved by the court system, a judge in Cook County will not give you a P.C. hearing without approval of the charge from Felony Review, not law just policy. Way to many know it all's on the job who actually know nothing.
Yes and that is why the Duty Judge determines the burden of PROBABLE CAUSE was met. It is brought before a Judge and the Judge there makes a Judicial Determination of PC. It doesn't have to be read aloud in court to have that determination. A judge can make that determination. Same as a Search Warrant. A judge makes a determination there is PC to obtain a search warrant. It doesn't have to be read in open court.
Jeeez. All these fn Supreme Court scholars responding to the blog.
How about you take that energy and do the required only work until these democratic morons that run the city figure out what direction to head.
Not true. The SA office doesn’t require 48 hours. And to be fair CPD calls the duty judge at around hour 43 nowadays.
And the one hearing isn’t a finding of PC in the same sense that an indictment or preliminary hearing establishes PC.
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Cook Co. S.A. requires this 48 hour crap...goes on in the burbs as well.
3/04/2020 10:01:00 PM
Hey, when I asked "WTF are they talking about" I was refering to the "secret court" comment you mental midgets. You are a perfect example of why the clearance rates are so low. Intellectually lazy, window licking buffoons.
Anonymous Anonymous said...
Hey, when I asked "WTF are they talking about" I was refering to the "secret court" comment you mental midgets. You are a perfect example of why the clearance rates are so low. Intellectually lazy, window licking buffoons.
3/05/2020 10:18:00 PM
Ya, we were just busting your balls. Now go back to your CMO office.
liberal arts college. waste of time and money. and yes anybody can be a plumber or electrician.but its work and thats a no no to millenials. worked 3 jobs to put myself thru liberal arts college for nothing. joined a great trade union, retired young with 120 k pension that is fully funded and medical that puts the citys to shame. huge shortage of tradesmen in this country being filled by non citizens who lower our scales and benefits because american kids all want to be video game developers or web site designers. lazy and brainwashed they spent 6 years in college to work at starbucks and theyre praying for bernie to wipe out all that money they borrowed. for real men and women there are lots of well paying jobs you can be proud to work at. scale in chicago is about 110 k for 40 hours and all the overtime you can handle. fuck the bernie bros, if they were around 100 years ago we'de still be living in log cabins and riding horses. kommie regressives.
I am learning more things here than I ever learned on the job or from the orders. Thanks for this.
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