How soon must a peace officer present an arrested person to a magistrate?

A peace officer must present an arrested person to a magistrate no later than 48 hours after the arrest. This requirement is rooted in the principles of due process and is designed to ensure that individuals are promptly informed of the charges against them and have the opportunity to contest their detention. The 48-hour timeframe allows the judicial system to address the individual's rights without unnecessary delay, thus maintaining the integrity of the legal process.

The urgency of this requirement reflects the importance of protecting an individual's liberty. If the presentation to a magistrate occurs beyond this period without the individual receiving a timely hearing, it can potentially lead to unlawful detention issues and violation of constitutional rights.

Choosing other periods, such as the end of the officer's shift, implies that the schedule of the officer may dictate the timing of the hearing, which does not prioritize the rights of the arrested individual. Similarly, having a week or even allowing for any flexibility beyond 48 hours creates unnecessary delays that could undermine the swift provision of justice.