Macon County Law Enforcement Center (MCLC) Comprehensive State Practice Exam

How long can an individual be held in custody before they must see a judge?

1. 24 hours

2. 36 hours

3. 48 hours

4. 72 hours

The correct answer is: 48 hours

An individual typically must be brought before a judge within 48 hours of being taken into custody. This requirement is grounded in the Fourth Amendment of the U.S. Constitution, which protects citizens against unreasonable seizures and mandates that any person arrested must be charged and presented before a judicial authority in a timely manner. The 48-hour rule allows for law enforcement to conduct necessary investigations while still ensuring that a person's right to a prompt judicial hearing is upheld. Such judicial oversight serves to balance law enforcement needs with individual rights, safeguarding against unlawful detention.