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MMLU / The authorities arrested a man without a warrant and held him imprisoned for 14…

Problem

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question

The authorities arrested a man without a warrant and held him imprisoned for 14 days without a determination of probable cause. He finally saw a public defender who filed a motion to dismiss alleging an unconstitutional detention in violation of due process. The prosecution countered that the state's rules allowed for detention without a probable cause hearing for up to 30 days, and that the procedure was constitutional. Will the court most likely decide that this detention is unconstitutional?

choices

  1. No, because the Supreme Court has ruled that detentions can properly last up to 30 days without a probable cause determination.
  2. No, because each case must be decided on its own facts and there may be many good reasons why the state has not yet provided a probable cause determination.
  3. Yes, because when the state arrests someone without a warrant it must provide a prompt probable cause determination.
  4. No, because it is constitutional to hold someone for up to 15 days without a probable cause determination.

subject

professional_law

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Source and history

task_id
1adc31ab-c568-55a9-b3b0-0616ab926433
task_key
all--test--1adc31ab-c568-55a9-b3b0-0616ab926433
task_revision_id
1
config / split
all / test

Official source

initial import