Make Payment
Call Today
(952) 913-1421
Call Today
(952) 913-1421

How Long Can Suspects Be Detained in Jail in Minnesota? [infographic]

Under Minnesota law, any adult suspect that’s arrested without a warrant and taken into custody must be brought before a judicial officer or judge within 36 hours after arrest.

(Article continues below infographic)

______

On This Page

What is the 36-Hour Rule?

The 36-hour rule states that any adult arrested under suspicion of a crime without a warrant can only be held in custody for 36 hours before seeing a judge. The rule applies to all misdemeanor, gross misdemeanor, and felony warrantless arrests in Minnesota. In misdemeanor cases, a suspect must be brought before a judge within 36 hours or released with a written citation.

Under the 36-hour rule, the clock begins at midnight on the day of the arrest, excluding Sundays and legal holidays. If a suspect is arrested with a warrant, weekends and legal holidays are included in the 36-hour time frame. A properly filed complaint must be presented to the judge prior to the court appearance, otherwise, the suspect must be released.

In some cases, the 48-hour rule may apply. It states that any adult or juvenile arrested without a warrant may not be detained longer than 48 hours unless there is probable cause for continued detention. The 48-hour clock starts ticking when the suspect is arrested and runs continuously for the next 48 hours, including the arrest day, weekends, and legal holidays. Both the 36-hour and 48-hour rules must be followed when detaining a suspect.

In Minnesota, a person suspected of committing a crime can be arrested under four conditions:

  • Citation – Law enforcement can issue a citation to a suspect that explains charges and gives a date to appear in court.
  • Complaint or Summons – A complaint is a written document charging a suspect with a criminal offense, typically mailed to suspects for less serious criminal charges and non-violent offenses. A summons is a written notification ordering a court appearance to answer allegations in a complaint.
  • Arrest with a Warrant – If the court determines probable cause that a suspect committed a crime, a judge may sign a warrant for the suspect’s arrest. Warrants are typically issued for felony and violent offenses.
  • Arrest without a Warrant – If police witness a crime or respond to a scene where it’s determined a crime was committed, a suspect may be arrested without a warrant.
Max Keller image
Attorney Max Keller
Max Keller

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

Recent Posts

What Is the Exclusionary Rule in a Criminal Case?

So, what is the exclusionary rule, and how does it apply to your case? The exclusionary rule is a court-driven rule that takes effect when evidence in a criminal case is unlawfully obtained. In your case, a court might use the exclusionary rule if the illegally obtained evidence helped the officers get other pieces of evidence they would not have found otherwise.  The secondary evidence subject to the exclusionary rule is referred to as the fruit of the poisonous tree doctrine. The exclusionary rule borrows its reasoning from constitutional rights. So, it applies to criminal cases as a deterrent and remedy rather than a standalone constitutional right.
Police officer interrogating suspect with handcuffs. How to beat a probation violation

What Happens If You Violate Probation in Minnesota?

People who suspect that they have violated probation or are already facing a violation charge might ask, “What happens if you violate probation?” A probation violation in Minneapolis, Minnesota could result in a range of consequences, depending on the type and severity of the violation. Those consequences include reprimand from probation officers, enhanced supervision and stricter conditions, and probation revocation and incarceration.