Memphis PD Under Fire for Holding People Without Probable Cause

It’s been the mantra of Memphis law enforcement: “To crack the case, do it in the First 48.”

But, what’s been a common procedure utilized by the Memphis Police Department, the practice of holding people in jail for 48 hours without probable cause, is under fire again after the Tennessee Court of Criminal Appeals called into question its Constitutionality last week.

Defense attorney Michael Scholl adds, “You have higher courts saying, ‘Look this flies in the face of our Constitution. This is not correct.’ But, there you have a department or total entity saying, ‘no, we’re not really concerned with that. We’re gonna do what we want to do and continue to exercise the policy.'”

In a report delivered to the Shelby County Commission it was noted judicial commissioners had signed off on nearly one-thousand 48-hour hold requests from the local law enforcement last year alone.

But, while the practice might be on a “legal hold,” the backlash may have only just begun.

http://www.myfoxmemphis.com/dpp/news/local/mpd-under-fire-for-holding-without-probably-cause-rpt-20120326

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: