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LUCK v. ROVENSTINE

No. 97-3051.

168 F.3d 323 (1999)

William E. LUCK, Plaintiff-Appellant, v. C. Alan ROVENSTINE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 16, 1999.

Attorney(s) appearing for the Case

Christopher C. Myers (argued), Myers & Geisleman, Fort Wayne, IN, for Plaintiff-Appellant.

Robert T. Keen, Jr. (argued), Diana C. Bauer, Miller, Carson, Boxberger & Murphy, Fort Wayne, IN, Jeffrey A. Modisett, Office of the Attorney General, Indianapolis, IN, for Defendant-Appellee.

Before FLAUM, DIANE P. WOOD, and EVANS, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

When a law enforcement officer makes a warrantless arrest, the Fourth Amendment entitles the arrestee to a prompt probable cause hearing before a judge or magistrate. Gerstein v. Pugh, 420 U.S. 103, 113-14, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975). According to the Supreme Court, "prompt" in this context means, under most circumstances, within 48 hours. County of Riverside v. McLaughlin,

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