The city of Anoka enjoys a long and rich history with Halloween. As the goolish day approaches, we at Brandt Kettwick Defense want to recognize this history and provide some useful tips should your celebration turn frightful.
Over 100 years ago Anoka held their first Halloween parade as a deterrent from the pranks of the local youth. Anoka’s celebration evolved to now include events on multiple days, including a nighttime parade, a parade of local costumed students and teachers and, of course, the famous Grande Day Parade. While we hope your celebrations are full of only treats, should you stumble into some tricks, there are a few things you need to know about Minnesota Criminal Laws.
For example, if you are arrested without a warrant (meaning the police believe they have probable cause you have committed a crime), you may held in jail for up to 36 hours before having to see a judge. This is known as the “36 Hour Rule.” However, the 36 hours is not calculated as the hands on a clock turn. Rather, the clock begins to run at midnight the day following arrest. The calculation also EXCLUDES Sundays and legal holidays (luckily, this does not include Halloween).
As an example: if a person is arrested at 2:00 pm on Friday, the 36 Hour Rule mandates a court appearance by noon on the following Monday, assuming no legal holidays. But, this warrantless arrest will be subject to judicial review and approval before the noon Monday deadline. This review is known as the “48 Hour Rule” and requires all warrantless arrests to be approved by the prosecuting authority and a judge within 48 hours of the arrest with no exceptions. So, the 2:00 pm Friday arrest must first get prosecution/judicial approval by 2:00 pm Sunday, and if approved, appear in court by noon Monday. The purpose of both rules is to act as a check and balance on law enforcement authority when using their discretion to make warrantless arrests. And, most arrests are, in fact, warrantless.
Bottom line: if your Friday night celebrations end in jail sweatpants instead of a costume, you could be sitting there through the weekend. The good news is, if you are arrested, you have the right to contact a lawyer! Our team is here to help whatever may arise, in the Halloween Capital of the World or anywhere else in Minnesota.