(a) Timing: Required Findings. Except in a bona fide emergency or other extraordinary circumstance, when a defendant arrested without a warrant for any crime is not released from custody within 48 hours after arrest, including Saturdays, Sundays, and legal holidays, the court or justice of the peace shall determine, within that time period, whether there is probable cause to believe that a crime has been committed and that the arrested defendant has committed it. If the evidence does not establish such probable cause, the court or justice of the peace shall discharge the arrested defendant. If a probable cause determination has not taken place within 36 hours after the arrest, including Saturdays, Sundays, and legal holidays, the custodian shall notify the attorney for the State of the upcoming deadline. For purposes of this Rule “custody” means incarceration. Rule 45(a) and (b) have no application to this subdivision.(b) Evidence. In making this determination the court or justice of the peace shall consider:
(1) the sworn complaint;(2) an affidavit or affidavits, if any, filed by the State;(3) a sworn oral statement or statements, if any, made before the court or justice of the peace that is reduced to writing or electronically recorded by equipment that is capable of providing a record adequate for purposes of review. The court or justice of the peace may administer the oath and receive an oral statement by telephone.(c) Record. A finding that probable cause does or does not exist shall be endorsed on the complaint or other appropriate document and filed together with the sworn complaint, affidavit(s), or other written or recorded record with the clerk of the Unified Criminal Docket having jurisdiction of the crime for which the arrested defendant is charged.
