State v. Harris
In State v. Harris, 174 Wis. 2d 367, 497 N.W.2d 742, 744 (Wis. Ct. App. 1993), an inmate at a county jail attempted to escape but was captured. Six days later, the inmate was brought before the trial court for his initial appearance in the escape-related charges. Id.
The inmate was convicted and appealed the charges. Id. at 743-44.
On appeal, the inmate argued that an interval between his "arrest" and initial appearance violated his Fourth Amendment right to a judicial hearing of probable cause within 48 hours of his arrest. Id. at 744-46.
In determining whether the inmate's Fourth Amendment right was violated, the Wisconsin Court of Appeals looked at the purpose of 48-hour rule set forth in County of Riverside v. McLaughlin. See id. at 745-46.
The court noted that the 48-hour rule is important because pretrial confinement may "imperil [a] suspect's job, interrupt his source of income, and impair his family relationships." Id. at 746 (quoting Cnty. of Riverside, 500 U.S. at 52). The trial court found that these concerns do not apply to an arrestee who, like the inmate, was already in lawful custody at the time of the "arrest." Id. Therefore, the court held that the 48-hour rule does not apply to persons already in the State's lawful custody. Id.