C:\Documents and Settings\thomast\Local Settings\Temp\c.lotus ...

REPORTER’S NOTE
In his June 21, 2002 memorandum entitled “Two Recommended
Changes to the Proposed Md. Rule 4-216" and at the Rules
Committee meeting on June 21, 2002, Professor Byron Warnken noted
that in the case of Gerstein v. Pugh, 420 U.S. 103 (1975), the
U.S. Supreme Court established a constitutional requirement for a
prompt probable cause determination for any defendant arrested
without a warrant. This requirement is not expressly stated in
Rule 4-213. Revision of the language of current subsection
(a)(3), relettered (a)(4), of Rule 4-213, together with a
proposed amendment to Rule 4-216, makes clear that this is one of
the tasks to be accomplished by the judicial officer at the time
of the defendant’s initial appearance.
-137-