JD Billionaire Met with Accuser

choi

(1) Chunying Zhang, Austen Hufford and Shan Li, Billionaire Met with Accuser. Wall Street Journal, Aug 6, 2018
https://www.wsj.com/articles/arr ... neapolis-1536143960
https://www.business-standard.co ... 118090600212_1.html

Note:
(a) WSJ places the report behind paywall.
(b) The online version has one paragraph: "A group of about 20 people drank and dined at the restaurant Thursday night, say people who were present. The people couldn’t say whether Mr Liu was among them."

The print ends with this paragraph, whose ending is: " * * * say people who were present but couldn't identify Mr Liu.
(c) The WSJ report says, "After his arrest late Friday [Aug 31, 2018], he was released on Saturday when Minneapolis police determined they wouldn’t be able to complete their initial investigation by Tuesday at 11 a.m. Under Minnesota law, police can detain individuals for up to 36 hours before filing charges. Sundays and holidays don't count."

The quotation correctly states Minnesota state law: Minnesota Rule of Criminal Procedure 4.02 (Arrest Without a Warrant), subdivision 5 dictates, "Appearance Before Judge. (1) Before Whom and When. An arrested person who is not released must be brought before the nearest available judge of the county where the alleged offense occurred. The defendant must be brought before a judge without unnecessary delay, and not more than 36 hours after the arrest, exclusive of the day of arrest, Sundays, and legal holidays, or as soon as a judge is available. * * * "
https://www.revisor.mn.gov/court_rules/rule/cr-toh/
(i) The 37-hour maximum applies to both misdemeanor and felony.
(ii) My only doubt is: "exclusive of the day of arrest" may mean as late as Wednesday 11 am, with Labor Day (Monday, Sept 3) excluded.

(2) 王凡, 等待刘强东与京东的是什么？ 德国之声, Sept 6, 2018
https://www.dw.com/zh/等待刘强东与京东的是什么/a-45383980
("根据美国法律，警方拘留要遵循 '72小时准则'（The 72 Hour Rule)。也就是说，在检方没有提出控诉的情况下，警方最多只能拘留嫌疑人72小时。 * * * 9月3日，明尼苏达州的警方发言人接受了中国媒体"第一财经网"采访。报道中写道，根据明尼苏达州法律，在警方正式指控一个人犯罪前可以收押的最长时间不超过36个小时。被释放后，被指控人的行动自由不受限制，'可以离开明尼苏达州，也可以离开美国，但并不代表他是无罪的，他在被警方联系的时候需要配合' ")

My comment: I was shocked when reading the first part of the quotation: "根据美国法律，警方拘留要遵循 '72小时准则'（The 72 Hour Rule)。也就是说，在检方没有提出控诉的情况下，警方最多只能拘留嫌疑人72小时."

First and foremost, clock starts ticking only in arrest without a warrant, in contrast to arrest authorized by an arrest warrant. Some jurisdictions in the United States also exclude arrest for probation violation.

I have been arrested about ten times in Massachusetts (and not once in Taiwan). And I have not heard of 72 Hour Rule. Just now I conducted legal research, and as far as I can tell, only Washington States has that rule.

County of Riverside v McLaughlin (1991) 500 US 44, 58-59 held (in a 5 to 4 votes), "The County's current policy is to offer combined proceedings within two days, exclusive of Saturdays, Sundays, or holidays. As a result, persons arrested on Thursdays may have to wait until the following Monday before they receive a probable cause determination. The delay is even longer if there is an intervening holiday. Thus, the County's regular practice exceeds the 48-hour period we deem constitutionally permissible."   The holding was over Judge Scalia's dissent, that the majority acknowledged repeatedly and that is worth reading.