tate v. Heredia
Connecticut Practice Book §37-12(a) provides that a judge shall make a probable cause decision within 48 hours of the arrest of an individual without a warrant, and that "[i]f no such probable cause is found, the judicial authority shall release the defendant from custody." The state charged the defendant, Rafael Heredia, with shooting a gun from his motor vehicle, exiting the motor vehicle and threatening with a golf club on Saturday, Aug. 18, 2012. Heredia was charged with attempt to commit murder, reckless endangerment, threatening and illegal discharge of a firearm. Heredia filed a motion to be released without bond, pursuant to Practice Book §37-12(a), because a probable cause decision was not reached within 48 hours of arrest. Apparently, probable cause was found on Monday, August 20, within approximately 50 hours of the defendant's arrest. The U.S. Supreme Court, in Powell v. Nevada, found that there is no required remedy, when the 48-hour rule is violated. The Connecticut Superior Court found that the state is only required to release the defendant if probable cause does not exist. "[P]robable cause was found in this case," wrote the court, "rendering the release remedy provision of §37-12(a) inapplicable." The court denied the defendant's motion to be released without bond.