Dennis Lemma, Sheriff, Seminole County, Florida v. Seana Barnett
SocialSecurity FourthAmendment CriminalProcedure
Is it constitutionally unreasonable for a jail to detain for eight hours any driver arrested with probable cause for driving under the influence of alcohol or drugs (DUD, especially where the detention is expressly authorized by state statute?
QUESTIONS PRESENTED 1. Is it constitutionally unreasonable for a jail to detain for eight hours any driver arrested with probable cause for driving under the influence of alcohol or drugs (DUD, especially where the detention is expressly authorized by state statute? 2. When a person is arrested based on probable cause for DUI and the arresting officer initially suspects alcohol as the cause of impairment, does the Fourth Amendment require immediate release of the arrestee upon .000 breathalyzer results for alcohol when results of urinalysis for drugs is not known for weeks? 3. When a person is arrested by a law enforcement officer based on probable cause and the arrestee is taken to jail, does the Fourth Amendment place on jail officials an independent and continuing obligation to reevaluate the arresting officer’s finding of probable cause prior to judicial review of probable cause for continued detention? 4. Must jail officials release an arrestee prior to magistrate review of probable cause when post-arrest evidence shows “beyond a reasonable doubt” that probable cause for continued detention is lacking, as held by the Eleventh and Fifth Circuits, or may the jailer continue to lawfully hold the suspect based on probable cause for the underlying arrest, as held by the Sixth Circuit?