Dear Colleagues,
Attached is our newest Martine Law Training Update, titled:
“WARRANTLESS ARRESTS & DETENTIONS: 36 & 48 Hour Rules”
This update focuses on one of the most fundamental — and often misunderstood — aspects of criminal procedure: Minnesota’s 36- and 48-hour rules following an adult defendant’s arrest and continued detention. These rules are not technicalities; they are core constitutional safeguards that every judge and attorney should be able to calculate confidently and explain clearly to clients, law enforcement, and judicial officers.
This update is designed as a “Quick Attorney Reference Guide” and breaks the topic down into three practical questions:
(1) What is the 36-hour rule, and how is the time computed for warrantless arrests vs. arrests on a complaint/warrant?
(2) What is the 48-hour rule under County of Riverside v. McLaughlin and Minn. R. Crim. P. 4.03, and how does it interact with the 36-hour rule?
(3) What are the potential remedies when either rule is violated, including how the Wiberg factors and burdens of proof apply?
To help attorneys quickly calculate the 36- and 48-hour timeframes, this update includes easy-to-read visual charts that walk through real-world arrest scenarios day by day, making the 36- and 48-hour timing questions easy to see at a glance.
My hope is that you will review the attached update, print it or save it where you can reach it quickly, and consider sharing it with colleagues who handle bail, first appearances, or omnibus issues. A solid grasp of the 36- and 48-hour rules not only protects defendants’ rights but also helps judges and practitioners avoid potential violations that can derail otherwise strong cases.
As always, I welcome your comments, questions, and suggestions for future topics.
You can read or download the 5-page update here:
Click here for Training Update 25 – 11, Warrantless Arrests & Detentions: 36 & 48 Hour Rules
Special Thanks to Martine Law attorneys Tyler Martin, Abbey Rostamo, Kalen Best, Jude Jaber, Lizzy Cavanaugh, and Bruno Netto for generously contributing their insight and expertise to this update.
Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base of more than 4,000 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that Legal Education is the Heart of the Judiciary.
Warm regards,
Alan F. Pendleton
Of Counsel, Martine Law Firm
Director of Mentorship and Education
Former District Court Judge
MINNESOTA JUDICIAL TRAINING & EDUCATION BLOG 