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County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody.
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
In the various states, a probable cause hearing is the preliminary hearing typically taking place before arraignment and before a serious crime goes to trial. The judge is presented with the basis of the prosecution 's case, and the defendant is afforded full right of cross-examination and the right to be represented by legal counsel .
The Michigan Court of Appeals denied a request Thursday to reconsider its earlier opinion stating that a former Grand Rapids police officer should stand trial for murder in the 2022 killing of a ...
In the present day, probable cause is determined by a judge in the preliminary hearing. In many circumstances, the attorney general can skip the preliminary hearing and have the case go directly to trial if it is in the interests of public safety.
Michigan has a statutory scheme, enacted in 1917, that quickly became known as the "one-man grand jury" law, allowing a judge to investigate whether probable cause exists to suspect a crime has been committed. The law authorizes a judge to investigate, subpoena witnesses, and issue arrest warrants, but not to issue indictments. [23]
Michigan v. Summers, 452 U.S. 692 (1981), was a 6–3 decision by the United States Supreme Court which held for Fourth Amendment purposes, a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted.
The Michigan Supreme Court rejected an effort to boot former President Donald Trump from the state’s primary ballot in 2024 under Section 3 of the 14th Amendment to the Constitution.