Shelby jail won't hold people under 48-hour holds - WMC Action News 5 - Memphis, Tennessee

Shelby jail won't hold people under 48-hour holds

(WMC-TV) - The Shelby County Jail has refused to accept any prisoners if they are being held for detention.

In a letter to the Shelby County Attorney dated March 28, General Sessions Judge William Turner said the General Sessions Court Criminal Division judges will no longer hold probable cause hearings for detention orders.

Friday morning, the Shelby County Sheriff's Office issued the following statement:

"In light of the decision of the General Sessions Judges to no longer hold probable cause hearings for detention orders for people under arrest, the Shelby County Sheriff's Office will not accept prisoners into the jail who are being held for detention. This decision has immediate effect. There will be no additional comment on this issue from the Sheriff's Office."

The issue stems from a Tennessee Court of Appeals ruling that determined officers have been violating 4th Amendment rights by placing some suspects on 48-hour hold without sufficient probable cause.

The city attorney issued a statement Friday saying he is aware of the judge's decision.  He said no arrests will be made without probable cause.

Last week, city attorney Herman Morris said arrests policies were under review.

"We are going to get it right, we are going to do it right," said Morris.

Now that the county judges have spoken, the 48-hour hold is on hold without the detention hearings that make it possible.

The appeals court announced last week that a murderer convicted in 2008 is getting a new trial because Memphis police held him without probable cause.

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