It Couldn't Happen Here...Right?

Imagine living in a country where you could be held in jail for 18 days without being able to be appointed an attorney.  Even worse, you suffer from a serious heart condition, post traumatic stress disorder, and a hiatal hernia.  You tell your jailor that you need your medication, and all you get back is a note saying, “The medical staff is aware and signed you up for a sick call.”  You repeatedly tell your jailor that your rights have been violated, but to no avail.

It may come as some surprise, but such a serious violation an individual’s rights happened right here in South Dakota.   Eric Larson was arrested for alleged simple assault, booked in the Moody County Sheriff’s Office, and then transferred to Minnehaha County Jail in Sioux Falls on July 24, 2008.  Larson repeatedly requested that his own injuries be photographed, but his requests were ignored.   Larson also wanted to be appointed an attorney, but since he had not yet been arraigned, he could not secure counsel.  So there he sat, for 18 days, until he was finally brought before a magistrate on August 13, 2008. 

Thankfully, we live in a country where this type of behavior is the exception rather than the rule. The United States Constitution guarantees every individual’s right to a speedy trial. The U.S. Supreme Court has held that those arrested without a warrant, as Larson was, must have a judicial probable cause determination within 48 hours after the arrest, unless a bona fide emergency or other extraordinary circumstance exists.  Even South Dakota statute requires that a person arrested, with our without a warrant, must brought before a committing magistrate without unnecessary delay. 

So what ended up happening to Eric Larson?  Well, on December 12th, 2009, the South Dakota Supreme Court held that his case should be remanded, in light of the egregious misconduct.  The Court decided that the State has the burden of showing an emergency or some extraordinary circumstance existed.  If no adequate justification can be shown, then the charges against Larson will be dismissed.  (Feel free to read the court’s opinion here.)

You might be wondering how this whole mess might have been avoided.  It’s a good question.  There are two important interests to weigh here.  On the one hand, we certainly don’t want to let possible criminals off the hook just because it took too long for him or her to appear before a magistrate.  On the other hand, we live in a country of guaranteed rights, and it is reprehensible for those rights to be willfully and recklessly ignored.  The solution?  Find an attorney you believe to be competent and able, and memorize the attorney’s office number.  That way, if you ever feel that your rights are being violated, you can call that attorney and have an advocate on your behalf.