The Initial Appearance and Detention
D must be “presented” before judicial officer without substantial delay
FRCP Rule 5:  Initial Appearance Before the Magistrate
Often occurs before  “lower” court judge who might lack jurisdiction to adjudicate guilt/innocence
May not yet be represented by an attorney
Quite limited
Right to judicial determination of probable cause
Gerstein v. Pugh – a person arrested and held for trial is Constitutionally entitled (DP) to a judicial determination of probable cause for pretrial detention
probably cause standard for arrest “ facts and circumstances sufficient to warrant prudent man in believing suspect committed the offense”
failure to give PC determination will not overturn conviction
PC not necessary if arrest/custody due to warrant or GJ indictment
Timing – must have judicial PC determination within 48 hours (McLaughlin)
Violation of Gerstein to issue warrant and take D into custody without PC determination; hearing not required, just judge’s signature (in Texas … Sharp)
Illegal capture/detention of D (ex. police kidnap to Michigan) does not overturn conviction (Frisbie)