The rule stating that a person upon arrest shall be taken before a judicial officer without unnecessary delay is called what?

Prepare for the ASIS Certified Protection Professional (CPP) Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Ready yourself for your certification exam!

The correct answer is the McNabb-Mallory rule. This legal principle is derived from a series of U.S. Supreme Court decisions that establish the requirement for individuals arrested to be brought before a judicial officer without unnecessary delay, typically within a certain timeframe after their arrest. This rule is important as it protects the rights of the accused and ensures that they are not subjected to prolonged detention without due process.

In practice, the McNabb-Mallory rule serves to prevent law enforcement from holding individuals indefinitely before presenting them to the court, which could lead to potential abuses of power or infringement on individual rights. Timely presentation before a magistrate or judge is meant to safeguard against wrongful detention.

Other mentioned rules relate to different aspects of legal rights and procedures. The Miranda rule pertains to the rights of individuals being interrogated while in custody, ensuring they are informed of their rights to remain silent and to have an attorney present. The Terry v. Ohio rule involves stop-and-frisk procedures established by the Supreme Court, allowing law enforcement to stop and search individuals based on reasonable suspicion. The Escobedo rule focuses on the right to counsel during police interrogations. These rules, while critical, do not address the specific requirement of timely presentation before a

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy