Case law · Highest court · Federal

Gerstein v. Pugh

Decided
February 18, 1975
Docket
73-477
Status
Published
Jurisdiction
Federal

Cited 4,350 timesNo negative treatment found in this library

What later courts said

  • holding that the Fourth Amendment requires a judicial determination of probable cause as a prerequisite to any extended restraint on liberty following an arrest — Albright v. Oliver (1994)
  • holding that Fourth Amendment requires judicial determination of probable cause as prerequisite to detention — Reno v. Flores (1993)
  • holding that the Fourth Amendment requires "prompt" judicial determination of probable cause following a war-rantless arrest — United States v. Encarnacion (2001)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

[*105] Mr. Justice Powell delivered the opinion of the Court.

The issue in this case is whether a person arrested and held for trial under a prosecutor’s information is constitutionally entitled to a judicial determination of probable cause for pretrial restraint of liberty.

I

Statutes cited

Cite this

Gerstein v. Pugh, 420 U.S. 103 (1975)

Read the full opinion

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