An open letter to State Governors & Legislatures (Mo. only)
Preserve Liberty: NO Extended Detention Without Cause in MO
17 so far! Help us get to 25 signers!
I write to urge you to oppose SB 755 (Luetkemeyer) and any similar bills, which increase the period of detention on arrest without a warrant to 48 hours if a person is arrested for an alleged criminal offense involving a dangerous felony or deadly weapon. I fundamentally believe that a 24-hour detention period should suffice, particularly post-arrest. Prosecutors and law enforcement officials in support of this bill have emphasized the challenges of their work but it's crucial to remember that their role is inherently demanding and we must recognize that their actions directly impact individuals' liberties.
I am particularly troubled by the implications this proposed change would have when considered in combination with recent amendments to the definition of a dangerous felony. Specifically, the inclusion of armed criminal action within this definition, enacted approximately two years ago, warrants attention. Armed criminal action now encompasses actions carried out while wielding a “dangerous instrument”, for which there is no universally agreed upon definition. It could range from a heavy phone case to a beer bottle, without necessarily involving a deadly weapon like knives, which are categorized separately.
Expanding the scope of dangerous felonies would lead to an increase in individuals detained for up to 48 hours without a warrant. Consequently, individuals may languish without being charged, facing severe repercussions such as loss of employment, homelessness, or vehicle repossession due to missed obligations. Imagine the anguish of a loved one spending an additional 24 hours in jail without cause or accusation.
I implore you to reconsider this expanded definition and urge for accountability measures for instances where individuals are held without eventual charges. I firmly believe that 24 hours is sufficient given the circumstances and urge you to maintain this policy. It is imperative that we balance public safety concerns with the protection of individuals' rights and livelihoods.