\u201cMr. Williams alleged enough facts to support an inference that his rights were violated. Mr. Williams contends that the County Sheriff violated his Fourth Amendment rights because he was jailed without a timely decision about whether there was probable cause to arrest him. \u2026 It is presumptively reasonable to hold a person in jail for up to 48 hours before there is a determination of probable cause. \u2026 But if a person is detained for more than 48 hours, the burden shifts to the government to show that the delay was justified by an emergency or an extraordinary circumstance.\u201d Williams v. Kosciusko Cty. Sheriff, 2024 U.S. Dist. LEXIS 137224 (N.D. Ind. Aug. 2, 2024).<\/p>\n\n\n\n
\u201cHere, as was the case in Mosley, the totality of the circumstances supported the officers’ reasonable suspicion. Two 911 callers reported hearing multiple shots fired in the same area. A third caller reported seeing two masked suspects near a red Saturn near where those shots were fired, while another vehicle drove off. That the suspects wore masks also indicated suspicious, perhaps criminal, activity. Though Winborn alleges the third caller could not concretely state whether the suspects committed a crime, we rejected a similar requirement in Mosley. See id. As mentioned, Winborn was located one block away from the reported scene, just two minutes after officers received information about the red Saturn. Moreover, when one of the officers began to approach the red Saturn, Winborn suspiciously insisted, \u2018[y]ou’ve got the wrong car.\u2019 [\u00b6] While these facts separately could be consistent with innocent behavior, when taken together, they give rise to reasonable suspicion to justify the stop under the totality of the circumstances.\u201d United States v. Winborn, 2024 U.S. App. LEXIS 19450 (8th Cir. Aug. 5, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cMr. Williams alleged enough facts to support an inference that his rights were violated. Mr. Williams contends that the County Sheriff violated his Fourth Amendment rights because he was jailed without a timely decision about whether there was probable cause … Continue reading